This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Child Support Motion For Contempt In Massachusetts
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Multi-State
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US-00003BG-I
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FAQ
Go to the clerk's office at the court that made the orders. Give the clerk your completed Motion for Contempt and Appearance forms. The clerk will write a hearing date and time on the motion, sign it, and give it back to you. The hearing date is when you and the other person must go to court.
In order to commence a contempt action in Massachusetts, you or your attorney must file a complaint for contempt with the register of probate at the division of the Probate and Family court that has jurisdiction (generally this would be the same court that issued the order).
In order to find a defendant in civil contempt, the plaintiff must show that the judgment or order was clear and unequivocal and that the defendant willfully violated it. The language of the judgment or order must be unambiguous so that the rights and obligations of the parties are clear to a reasonable person.
Possible strategies include: Claiming Unawareness: Arguing that you were unaware that your behavior was considered contemptuous could lead to a dismissal of charges. Necessity or Self-Defense: Demonstrating that your actions were out of necessity or self-defense may lead to an acquittal.
Such punishment must be necessary to maintain courtroom order; the contemptuous conduct must occur in the presence of and be witnessed by the judge; the judge must enter a finding of contempt at the time it occurs; and the punishment cannot exceed three months' imprisonment and a fine of $2,000.
Do I need a lawyer to ask for a contempt order? You don't need an attorney to file a Motion for Contempt, but it is a good idea to have one. If you decide to represent yourself, you can go to the courthouse that made the order and ask for help at the Court Service Center.