Legal Question in Family Law in Massachusetts

my husband and I have been legally divorced since 1998, where upon a alimony settlement of 200.00 per week was agreed upon, many things have happened since then, I have had him in court numerous times, contempt orders, promises. the death of our son, yet I have tried to be fair, him promising I Will pay you I not trying to screw you!!!! I have had to pay a constable 300.00 for each time I have brought him to court needless to say he is almost 35000 in arrears he's remarried owns tons of things, is lying about everything can I put a lien on his home and both of his businesses?
I dont have much money I am raising a 14 year old grandson since he was 10, get 102.00 from the state, nothing from either parents, have used alot of my retirement to survive. can I put a lien on anything???????

Asked on 6/27/10, 5:27 pm

2 Answers from Attorneys

Suzana Urukalo Kajko, Weisman & Colasanti, LLP

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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,

Answered on 6/27/10, 9:17 pm

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