Enforcing Divorce Orders
Once a parenting plan, support agreement or marital property settlement has been made into an order or judgment by a family court judge, it is subject to enforcement through what is called a contempt proceeding. Anyone who is found guilty of contempt by violating a court order is subject to financial penalties, including payment of attorneys fees and costs, and even jail time if they do not comply with the court order.
I am Eileen Agnes, a family law attorney serving clients in Framingham and the Metro West area of Massachusetts. If your ex is not complying with a divorce order, I offer a free initial consultation to discuss your options. If you take your ex to court and the court makes a finding of contempt, the judge may order your ex to pay your attorney fees.
What is a Contempt Proceeding?
Any time a person does not comply with a judge's order or judgment, he or she can be found in contempt of court. Here are some examples of not complying with a court order:
- Not paying the full amount of child support owed
- Not providing visitation as agreed in a parenting plan
- Abducting a child or not returning a child after visitation
- Removing a child from Massachusetts without court approval
- Not dividing a pension plan or 401(k) plan as required under a Qualified Domestic Relations Order (QDRO)
- Not selling an asset as ordered by the court
While jail is a possible outcome in a contempt proceeding, jail would typically be used as a penalty for repeat violations or willful violations.
Free Lawyer Consultation
If your former spouse is not complying with the terms of your divorce order or judgment or need help with obtaining compliance, I offer a free initial consultation at my law office in Framingham. To schedule an appointment with me, attorney Eileen Agnes, call 508.879.9876 or fill out the contact form on this Web site.