Complaint for Contempt Checklist

1. Is a Contempt action the right thing to file?

1. Is a Contempt action the right thing to file?

“Contempt” means that a party has committed a willful violation of a clear and unequivocal order.

• Judge can decline to find a party in contempt, but modify the order to clarify it for the future.
• You may need to file a Complaint for Contempt if the opposing party is not:
  • Paying ordered alimony
  • Paying ordered child support
  • Complying with a custody order
  • Complying with an order for parenting time
  • Complying with another court order or judgment

Yes No

2. Did you file the right forms?

2. Did you file the right forms?

• Complaint for Contempt.
• Affidavit of Indigency (if needed).
• A Complaint for Contempt has no filing fee, but the client should still submit an Affidavit of Indigency so that the court will pay for the cost of service and the $5.00 summons fee.
• Financial Statement (if needed).

Yes No

3. Did you follow the steps?

3. Did you follow the steps?

• File the Complaint for Contempt in the same Family and Probate Court that issued the underlying order or judgment.
• After filing the Complaint for Contempt, serve the defendant by sheriff or constable.
• If the defendant will accept service, have the defendant sign the return of service before a notary.
• Return the signed original Contempt Summons to the court Clerk. Remember to make a copy of the Return of Service for your records.

Yes No

4. Do you need a Contempt Action: Capias?

4. Do you need a Contempt Action: Capias?

• If the defendant does not show up to the contempt hearing, the judge can issue a civil arrest warrant (capias).
• A sheriff or constable serves the capias by arresting the defendant and bringing him or her to court for the hearing.
• Capias cannot be served out of state
• Client typically has to pay for capias up front
• Can cost over $400
• Generally cost-prohibitive
• With Affidavit of Indigency, sheriff’s office may be willing to waive cost

Yes No

5. Did you think about DOR Alternatives to a Contempt Action if obligor is not paying child support?

5. Did you think about DOR Alternatives to a Contempt Action if obligor is not paying child support?

Massachusetts Department of Revenue can enforce child support orders by:

• Collecting overdue child support.
• Levying the obligor’s bank account.
• Charging interest and penalties.
• Increasing the amount withheld from the obligor’s paycheck by 25%.
• Placing a lien on the obligor’s real estate or personal property.
• Seizing the obligor’s personal property.
• Suspending a driver’s license or professional license.
• Intercepting the obligor’s tax refunds.
• Making it hard for the obligor to get credit.
• Filing a Complaint for Contempt with the court on the client’s behalf (usually takes longer, but they have more remedies and resources available to them).

Yes No

6. What next?

6. What next?

• If the judge decides the defendant has willfully violated the order, the defendant is in contempt.
• Judge may order a job search, community service, or job readiness/training program if defendant is in contempt of a support order, but:
  • cannot pay current support amounts AND
  • is unemployed AND
  • is not disabled
• After finding the Defendant guilty of Contempt, the Judge may order the defendant to do one or more of the following:
  • serve a sentence in jail
  • pay the full amount of money due
  • keep making regular child support payments, plus additional money to make up the arrears
  • look for a job & report back to a probation officer (job search order)
  • participate in a community service program & report back to a probation officer
  • participate in a job readiness or job training program & report back to a probation officer