After a divorce, the court will often order various conditions that both spouses must abide by. This can include orders regarding child custody or support terms, alimony terms, and more. Though most spouses typically follow these arrangements, this isn’t always the case. If your spouse is ignoring or refusing to follow your divorce agreement, our firm is here to help. Contact a skilled Bristol County family court enforcement lawyer from the Law Offices of Cynthia L. Hanley so we can help ensure your interests are protected.
When a court issues a child custody order, it’s legally binding, meaning both parents are obligated to abide by the terms outlined. Unfortunately, disputes can arise when one parent doesn’t adhere to the custody arrangements, potentially impacting the child’s well-being and stability. Examples of behaviors that may warrant enforcement action include refusal to follow visitation schedules, obstructing communication between the child and the other parent, or unauthorized relocation with the child.
In Massachusetts, the court has several methods to enforce a custody order. Parents facing these issues can file a Complaint for Contempt with the family court to hold the non-compliant parent accountable. The court may order makeup parenting time for missed visits or impose sanctions for non-compliance. In more severe cases, the court may modify the custody arrangement to reflect the child’s best interests or, if necessary, escalate enforcement actions to law enforcement to ensure immediate compliance.
Child support orders ensure that children receive the financial support they need for a healthy, stable life. However, if a parent neglects their payment obligations, it can put undue strain on the custodial parent and the child’s well-being. Massachusetts courts may take action when child support payments are missed, significantly reduced, or entirely ignored.
The Massachusetts Department of Revenue (DOR) oversees child support enforcement and can implement various measures to collect overdue payments. These include income withholding (garnishing wages directly from the parent’s paycheck), intercepting tax refunds, reporting delinquent payments to credit bureaus, and suspending the individual’s driver’s license or professional licenses. In certain cases, the court may also issue liens on the non-paying parent’s property or bank accounts. For chronic, intentional non-compliance, the court can escalate matters to contempt proceedings, potentially leading to fines or jail time.
Alimony orders are designed to provide financial support to a former spouse who may need additional resources post-divorce. When a former spouse fails to pay alimony as ordered, the recipient spouse may face financial hardship. In Massachusetts, enforcement actions may be necessary if alimony payments are repeatedly missed, substantially reduced, or unpaid altogether.
To enforce an alimony order, the court can employ similar measures used in child support cases. This may include wage garnishment, intercepting tax refunds, or placing liens on property owned by the paying spouse. If these measures are insufficient, the recipient spouse can file a Complaint for Contempt to address the non-compliance directly in court. Persistent refusal to pay alimony can lead to more severe consequences, including potential fines or jail time for the non-compliant spouse.
When a spouse or parent deliberately ignores a family court order, they may be held in contempt. In Massachusetts, contempt is a serious matter, intended to address willful disobedience of court orders such as those concerning custody, child support, or alimony. Filing a Complaint for Contempt demonstrates to the court that the individual has intentionally disregarded their legal obligations.
If the court finds a party in contempt, they may face significant penalties, ranging from fines and mandatory makeup payments to potential incarceration. Contempt rulings also serve as a clear warning to the non-compliant party, reinforcing the importance of respecting court orders.
For those dealing with a spouse who repeatedly defies court mandates, pursuing a contempt action can be an effective way to uphold the original terms of your divorce agreement.
An experienced Bristol County family lawyer can guide you through this process, helping to safeguard your interests and ensure compliance.
If you require legal assistance enforcing a court order of any kind, our firm stands ready to help. Contact a skilled Bristol County family court enforcement lawyer from the Law Offices of Cynthia L. Hanley today so we can assess the circumstances of your case, and, from there, build a strong strategy going forward.
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