Legal Question in Family Law in Massachusetts
We just went to court. My ex was "found guilty of civil contempt" for failure to pay child support.
He was ordered to pay a significant amount within 30 days. The order states that "The contempt is continued generally. Defendant's failure to comply with this order will result in a 60 day sentence."
Making it more challenging is that I live in MA, he lives in MO. If he does not pay by the deadline can he be arrested in MO or does he have to come to MA and be arrested here (we are using MA DOR)?
My question is that if I do not receive monies by the deadline, what process is used to put him in jail? Are there forms I need to fill out? Do I bring the order and the MA DOR printout to the sheriffs office and can they arrest him?
1 Answer from Attorneys
If you do not receive payment in accordance with the court order (within the 30 days) than you should mark up a hearing for the continuation giving your ex notice. At that hearing if he is present and does not have the amount he was ordered to pay, than the Judge will most likely have him arrested at that time. If you ex is not present, than the Judge can and most likely would issue a capius for his arrest.
If you are interested in a free consultation, please contact me at 67-523-3200 or via email at [email protected].
Thank you,
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