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Is Your Ex Ignoring the Final Judgment of Divorce? A Boston Divorce Attorney Explains Your Options

A complaint for contempt is filed when the other party refuses to follow a court order—such as paying child support or allowing parenting time. This is not the same as requesting a new court order.

If you’ve been served with a complaint for contempt, take it very seriously. Even in Family Court, a judge can impose fines or jail time if you’re found guilty. Contempt cases have strict standards, and you need strong legal representation.

An experienced Boston divorce attorney can help you file or defend against a contempt action while protecting your rights. Our team will guide you through every step and fight to ensure you get the outcome you deserve.

  • Winning a case on a Complaint for Contempt requires you to show the Order is “Clear and Unequivocal”
  • You Need to Show That the Person in Contempt Clearly Failed to Comply with the Order
  • Contempt is Serious- If you were served with a Complaint for Contempt, contact an experienced family lawyer immediately
  • Try Communicating with the Other Side Before Going to Court on a Contempt

When Do You File a Contempt?

If another party to your final divorce judgment or court order fails to do what they are clearly obligated to do, you may need to pursue contempt.

Most family court contempts are civil contempts, designed to make someone follow the rules—such as paying support or honoring visitation. Criminal contempt, while rare in family court, focuses on punishment. This could arise if someone blatantly disrespects the court, like showing open disregard for a judge, which may result in fines or even jail.

An experienced Boston divorce attorney can explain the differences, help you determine which applies, and guide you through the process of protecting your rights.

Examples of civil contempts in family court are: 1) not paying child support for multiple dates in a row even after you’ve reminded your ex to pay; 2) your ex does not bring your kids to see you during pre-decided parenting time at a known place and gives no reason or a reason that is obviously an excuse; 3) not paying scheduled support when the date is written and predetermined. Before filing a contempt, try to resolve the issue with your ex informally first. Get proof of these attempts to show to court if your ex refuses to speak or cooperate (such as emails). Not sure where to start? Talk with a family lawyer to help you figure it out, before things get worse.

You’re Filing a Contempt: What Do You Need to Prove?

1. The Order You’re Asking to Enforce Must Be “Clear and Unequivocal”

The court order must be straightforward. No guessing or vagueness. For example, a term stating: “the father shall pay $1,000 in child support on the first of each month” is clear. Something like “a reasonable amount of support” is vague and leaves room for interpretation. Judges won’t find contempt for failing to follow confusing orders.

2. The Other Person Knowingly Violated the Order

Show that the other party in violation of the order knew that the order exists. Your ex doesn’t have to like the court order, but your ex has to know what the order says. Maybe they were in court when the order was made. Or they were mailed or hand-served with a copy. That’s enough! Let’s say the other person truly didn’t know about the order because they never got proper notice. This won’t hold up in court.

3. A Person Cannot Be in “Wilful” Contempt for Something That is Impossible to Do

“Willful” means purposefully breaking the term of the order—not because of factors outside of their control. Could your ex afford to pay child support but didn’t do so? Was your ex able to follow the custody schedule but one day randomly chose not to? That’s willful. Now, if your ex just lost their job and truly couldn’t pay child support due the next week, this might not be contempt. Gray areas are exactly why you want an experienced family lawyer on your side. We can help you gather evidence you have to show your ex purposefully violated the order.

4. Filing Your Complaint for Contempt

A. Where & How: File a Complaint for Contempt in the same Probate and Family Court that issued the order you are trying to get enforced. Find the forms and instructions here: mass.gov guide to court filings.
B. Filing Fee: A $5 summons plus $35 – $65 to serve the complaint on the other person ($100 if through publication)
C. What to Attach: A copy of the original court order and any proof that the other party did not follow the order.
D. Timing: It depends. Once the other party clearly violated the order and you have tried but failed to resolve the issue outside of court, then you may need to file a contempt. Get your facts straight and your evidence ready. Talk to a family lawyer who can help you file your contempt correctly.

Served with a Contempt? A Boston Divorce Attorney Can Help You Avoid Fines or Jail

For you to be found in contempt, the court order must be “clear and unequivocal.” It must clearly state what you are required to do and when you must do it. If the order is vague or open to interpretation, a judge may decide that contempt is not proven.

For example, if an order only requires “reasonable visitation” or says visits must be “agreed upon by the parties,” that lack of clarity can work in your favor. An experienced Boston divorce attorney can argue that the order failed to give specific instructions—such as when children should be dropped off for visitation.

You Also Cannot Violate an Order You Didn’t Know About

Maybe you never got the court order. How? Many reasons. You could have been traveling out of state and without proper notice, missed the divorce hearing that led to the order altogether; or the Court mailed the order to the wrong address. A valid defense includes situations like this – when you never got the written order. Keep in mind this defense won’t work forever. Once you know, you know and must follow what the order says to do. Either way, talk to a family lawyer who may help you find papers (or lack thereof) showing you were left out of the loop.

Legitimate Reasons for Not Complying

Contempt requires that your actions were willful. That means you chose not to follow the order when you could have. But what if you could not comply even if you tried? Let’s say you lost your job and temporarily couldn’t pay support until you found a new job. Or your car broke down and you couldn’t get to the parenting time drop off location. Judges need the full picture. If you have a real reason, backed up by documents or witnesses, the court could find your non-compliance was not purposeful. That’s where a family lawyer can step in—helping you explain your side clearly and protect your rights in court.

Enforce and Protect Your Rights Whether You’re Filing a Contempt or Defending Yourself Against One

Gather As Much Evidence as Possible When Asking the Court to Enforce an Order

Save everything! Texts, emails, photos, receipts, payment records—you will need to PROVE the other person didn’t follow the order.

You Have the Right to Defend Yourself Against a Contempt

Even in family court, a judge finding someone guilty of contempt may lead to fines, legal fees, or jail time.

Talk to a Family Lawyer Early in the Process

Don’t wait. Whether you’re enforcing your rights under a court order or defending yourself from a contempt action, the sooner you get help, the better.

Hire a Boston divorce attorney

FREQUENTLY ASKED QUESTIONS

What is a Contempt in Massachusetts family court?
A Complaint for Contempt is a legal action filed when the other party is NOT following a court order, like not paying child support or refusing parenting time.
As soon as the other party clearly violates a court order, which you know or have proof the other party received notice of, and you have proof of the violation.
You must show the order was clear, the person in contempt knew about it, and they willfully disobeyed the order.
You could face fines, be ordered to pay attorney’s fees, or even be jailed in serious cases.
Yes. Common defenses include unclear orders, lack of notice, or inability (not refusal) to comply.
Yes. If the other parent is denying your time with the children without a valid reason, you can file for contempt.
No. Contempt is only to enforce an existing order. If you want to change it, you need to file a modification.
You’re not required to, but it’s strongly recommended. Contempt cases can move fast, and the consequences can be serious.
Yes. There’s usually a $35 fee to serve the complaint, though it may be waived if you qualify financially.
ou must also file a Child Care or Custody Disclosure Affidavit to tell the court about any other cases involving the child. This tells the court about any other cases involving the same child—past or present.
It’s possible—but don’t count on it. A family court judge is allowed to order the losing side to pay your legal fees. That doesn’t mean the judge will. Judges don’t automatically hand out fees to parties who win contempt actions. You need to ask clearly, be specific, and show compelling reasons, like the other party’s bad-faith behavior.
If you can’t afford the $35-65 fee for filing a contempt, you may ask the clerk to give you an Affidavit of Indigency and file this with your contempt.
If you don’t know the other person’s address or last known place they lived, ask the court for “alternative service.” This means you notify the other person through a newspaper or sometimes another method. Show the judge you worked hard to find the other person, keeping any proof of return of service from the sheriff or constable.

FREQUENTLY ASKED QUESTIONS

It’s possible—but don’t count on it. A family court judge is allowed to order the losing side to pay your legal fees. That doesn’t mean the judge will. Judges don’t automatically hand out fees to parties who win contempt actions. You need to ask clearly, be specific, and show compelling reasons, like the other party’s bad-faith behavior.
If you can’t afford the $35-65 fee for filing a contempt, you may ask the clerk to give you an Affidavit of Indigency and file this with your contempt.
If you don’t know the other person’s address or last known place they lived, ask the court for “alternative service.” This means you notify the other person through a newspaper or sometimes another method. Show the judge you worked hard to find the other person, keeping any proof of return of service from the sheriff or constable.

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