Legal Question in Family Law in Massachusetts

Hello,

Anytime an individual files a complaint for contempt against another individual, the individual should also file a motion for attorney fees, filings fees, and missed wages along with the complaint. If an individual is found guilty of contempt of court, the Judge often orders reimbursement for attorney's fees, filing fees and even missed wages.

You didn't mention how many times you have brought your ex-husband in for contempt, but it sounds as though it has happened often. Generally a judge is not very forgiving when there is a documented pattern of an individually violating a court order and will often impose a jail sentence if the amount is not paid. I would be interested in hearing what the outcome of the previous complaint for contempts were and whether or not a jail sentence was ever imposed and if not what the judge's reasoning was? A jail sentence is an excellent remedy for the situation as many individuals are able to find financial assistance to pay the outstanding amount owed within 24 hours of their jail sentence.

Also with regards to the $300.00 service of summons fee - that is an extremely high fee. A summons for contempt needs to be served at an individual's last known address and does not have to be served in hand. You should be paying under $100.00 for service. Although it is too late to seek relief for those fees now for past contempts, in the future you should definately be asking for reimbursement of all fees related to the complaint for contempt.

If you have additional questions, please do not hesitate in contacting me at 617-523-3200 or via email at [email protected].

Thank you,

Retain an attorney to bring him before the Court for Contempt after s serving him with a subpoena to disclose all assets. Good Luck!