Once a divorce is over, the parties often continue to have ongoing obligations to each other, for instance in the form of alimony, child custody or child support. When one side violates the divorce judgment or a court order by failing to meet those obligations, or is accused of it, contempt is the process that the court uses to enforce the rights and obligations of the parties.
Attorney Helen Holcomb and the legal team at Cunha & Holcomb, P.C., have decades of experience to assist you with a contempt action, whether you are seeking to compel performance from a previous spouse who has not lived up to his or her obligations, or defending yourself from a spouse who is falsely claiming you have failed in your own.
Massachusetts Family Law Lawyers With Proven and Successful Skills in Contempt Actions
A contempt is a separate action, started with a complaint, that asserts that a party is in violation of a court order. It can result in serious penalties, up to and including jail. In family court, someone who is found in contempt also generally has to pay the reasonable legal fees of the other side. Attorney Holcomb has a long history of success, including winning fee awards in contempt cases, at both the trial and appellate level.
A contempt is not a modification. It simply enforces an existing order, but does not try to change it. However, the two often go hand-in-hand, and if you claim that a material or significant change in circumstances has made it impossible to obey a court order, you may need a modification action as well as a defense to a contempt. We can help you coordinate both kinds of actions.
Strong Legal Representation Is Essential for Dealing With Any Contempt Action
Attorney Holcomb has many years of experience in bringing and prosecuting contempt actions to, for example:
- Force payment of unpaid alimony and child support
- Gain access to life insurance documents to determine opposing spouse's compliance with an order to maintain it
- Compel transfer of property due under an agreement
- Ensure visitation takes place as ordered by the court
- Require continuation of health insurance coverage
Attorney Holcomb has also successfully defended contempt actions, including cases in which:
- An ex-spouse claimed that college payments should not be counted toward the client's child support obligation under the terms of the divorce judgment
- An ex-spouse claimed our client had denied access to the children
- An ex-spouse claimed our client did not fully transfer the court-ordered division of assets
- An ex-spouse claimed our client had failed to pay timely alimony
To discuss whether a court order has been violated, and how you need to proceed, contact Attorney Helen Holcomb at Cunha & Holcomb, P.C., today.
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