The most common remedy available for the enforcement of decrees in divorce proceedings is the initiation of contempt proceedings. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Massachusetts Motion for Order and Order to Show Cause Regarding Contempt Proceeding for Nonpayment of Alimony
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Multi-State
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US-01470BG
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Word;
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FAQ
Although most contempt actions are civil in nature, this does not mean that there will not be serious consequences if a person is found to be in contempt of court. For example, a Massachusetts probate and family court judge has the authority to incarcerate a person for up to 30 days for non-payment of child support.
PC 166 contempt of court violations are misdemeanors that carry up to 6 months in jail and up to $1000 in fines.
A temporary restraining order may be granted without written or oral notice to the adverse party or his attorney only if it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or ...
Under Rule 52(b) the court, upon motion of a party within 10 days after entry of judgment, "may amend its findings or make additional findings and may amend the judgment ingly." Under former practice, the trial judge had discretion to allow a rehearing and to amend his findings prior to the entry of the final ...
Upon a hearing for the contempt action, a judge may order the defendant to make a payment of all arrearages outstanding on the date of the hearing and may impose orders for failure to make such payments, such as a jail sentence.
You can get a contempt complaint form from the clerk's office at the Probate and Family Court or at . You should have a copy of the court order that you are claiming was violated. File the complaint in the same court that issued the order that was violated.
In a criminal contempt action for a nonsupport case, there must be a finding that the obligor had the ability to pay support when it was due and knowingly and intentionally failed to obey the order. The defendant has a presumption of innocence and must be proven guilty beyond a reasonable doubt.
Under Rule 65.3(g) a party must seek an "order permitting discovery," unlike the normal discovery provisions which permit parties, on their own, to initiate discovery. The rule requires the parties seeking discovery to particularize the need for, type, and timing of the discovery, sought.