Legal Question in Family Law in Massachusetts

when bringing your ex in for contempt for something like not paying his arrears in child support, (in ma.) what is the procedure for asking for attorney's fees? is one little line in the motion (or whatever it is called) saying something like "we request mr. smith to pay for mrs. smith's attorney's fees". is that enough or should you show the tons of proof you have that he was able and capable of paying it and chose to hide his money? and secondly if the judge does not address that issues one way or another, doesn't say he has to pay doesn't say he doesn't have to pay, does that mean the answer is automatically no he doesn't have to pay? because i repeatedly asked my overpriced, over billing lawyer to be more aggressive in obtaining me legal fees from my ex, when it was clear he could pay them and my lawyer made no real attempt in my opinion, to get them. it was not until i told him (after i paid him over 100,000.00 in legal fees) did i say that the only way he would receive his money this time was if he got it from my ex. my lawyer then wrote out this entire separate motion or request?? and included every reason why my ex should be responsible for my attorney's fees. if you could please answer that question i would appreciate it. thanks so much.


Asked on 1/06/12, 9:09 am

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

There is a statute that requires a person found in contempt for not paying child support must pay interest and the complaining party's attorney's fees. Ask your attorney about it. Good Luck.

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Answered on 1/06/12, 8:42 pm


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