Legal Question in Family Law in Massachusetts

contempt of court; incarceration

Husband was incarcerated for failing to pay court order for fees. Judge ordered the fees by motion, then later found him in contempt and at a later review date put him in jail for not paying. Where in MA law does the court have the authority to jail him?


Asked on 6/23/09, 1:18 am

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: contempt of court; incarceration

The Court has the inherent power in the enforcement of its authority. Certain statutes may enable this in particular instances, but a statute is not essential. If the Court ordered your husband to do something, and he disobeyed the order, the Court had the power to seek his cooperation through reasonable means. Incarceration is reasonable.

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Answered on 6/23/09, 8:35 am


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