Enforcement of Previous Court Orders
Sometimes parties do not comply with court orders. Non-custodial parents might not be paying child support. An ex-wife might not be paying court ordered alimony payments. A mother might not allow the father visitation rights as ordered by the court. In these and many other circumstances, we can assist you in enforcing the previous court order.
How do you enforce a previous court order? In the first instance, it might be a wise idea to reach out to the other party to determine if they are aware that they are not complying with the court’s order. It is always best to determine if the matter can be resolved before undertaking legal action against the other party. In some instances, the other party – after having been notified of their non-compliance and the possibility of court action – will bring themselves into compliance forthwith. If this is the case, the matter will be resolved without the need for court intervention. However, this method will not always force the other party to do what the court order requires them to do.
After a party has been contacted by an attorney at Rao Law Offices, and that party refuses to comply with the previous court order, court intervention will be necessary. Attorney Anthony Rao will draft a concise and specific Complaint for Contempt, outlining the other party’s disobedience of the court’s order, and specifying each and every date the other party failed to do what the court ordered the party to do. After the Complaint for Contempt has been filed with the Court, we will receive a court date for the Complaint for Contempt. At the Contempt hearing, the evidence will be presented to the Massachusetts Family and Probate Judge, and the judge will make a decision in regards to the opposing party’s disobedience with the court order.
The court can order the opposing party be incarcerated for up 179 days for failure to pay child support or for failure to make alimony payments. The opposing party would have to make the necessary child support or alimony payment as ordered by the court or face incarceration until said payment is made. Generally, a court will incarcerate someone for failure to pay child support or alimony only if evidence has been provided that indicates the party is willfully and voluntarily refusing to make the court ordered payments. In other words, if a party is unemployed – through no fault of their own – and is has shown that they are unable to comply with the previous court order, a court may not find them in Contempt of Court. We can help you defend a Contempt Charge. Contact Rao Law Offices for more information.
