Massachusetts Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support

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Description

Contempt refers to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge's ability to administer justice or that insults the dignity of the court.


There are essentially two types of contempt:


" Disrespect to the decorum of the court (being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge) and

" Willful failure to obey an order of the court.


This form deals with such a willful failure. 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.



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FAQ

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.

How much alimony will be paid? Except for reimbursement alimony or unusual circumstances, the amount of alimony should generally be no more than the receiving spouse needs or 30?35 percent of the difference between the parties' gross incomes when the order is issued.

Massachusetts laws ...the amount of alimony should generally not exceed the recipient's need or 30 to 35% of the difference between the parties' gross incomes established at the time of the order being issued.

For example, when one spouse contributed significantly more to the marriage than the other, the spouse that contributed more may get more than 50%. On the other hand, the longer the marriage and the more equal the contributions, the more likely it is that the court will order the parties to share the proceeds equally.

If you or the other party violates the terms of the Order, it could result in contempt of court. Typical contempt actions in divorce cases involve situations such as failure to pay alimony and/or child support, denial of parenting time, or failure to pay the mortgage.

Each spouse's income and employment or employability. This includes employability with additional training and diligence, when necessary. Marital lifestyle and the ability of each spouse to maintain that lifestyle. Each spouse's economic contribution to the marriage.

G.L. c. 215, § 34 provides: At the hearing of a complaint for civil contempt, the defendant shall have the burden of proving his or her inability to comply with the preexisting order or judgment of which the complaint alleges violation.

Massachusetts laws ...the amount of alimony should generally not exceed the recipient's need or 30 to 35% of the difference between the parties' gross incomes established at the time of the order being issued.

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Massachusetts Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support