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In Massachusetts For Over 30 Years


In Massachusetts For Over 30 Years

A look at contempt complaints against your ex-spouse

On Behalf of | May 28, 2020 | modifications and contempts |

Your divorce probably took a lot of effort and sacrifice get to the finalization stage. This is an important milestone that you can congratulate yourself on reaching. Unfortunately, however, it may not mean the end of the conflict with your ex-spouse.

Sometimes, even after a lengthy process of negotiation and/or litigation, your ex-spouse does not comply with the terms of your divorce. We understand how frustrating this can be, given what you went through to get to this point. If you find yourself in this situation, you do not simply have to accept it. Though you may not be able to get your ex-spouse to comply on your own, you can request that the court enforce the divorce order by filing a contempt complaint.

What does the complaint include?

According to the Commonwealth of Massachusetts, a contempt complaint must include identifying information regarding the original case, including the docket number, the court and the name of the judge. It must include the text of the entire court order and a short description of how your ex-spouse has violated it. The complaint must include affidavits that provide supporting evidence and a “prayer,” i.e., request, for the issuance of a summons.

When can you file a contempt complaint?

You can file a complaint when your ex-spouse violates the divorce decree in some way, such as by failing to pay child support and/or alimony, follow parenting schedules or share legal custody by giving you a say in decisions regarding your child. You can also file a complaint if your ex-spouse does not divide your shared property with you according to the court order.