Legal Question in Family Law in Massachusetts

Capias & Contempt

My ex was arrested via Capias 2 mons ago. He gave up his Employer, had his licences reinstated, & had a wage assignment put in place..He quit his Job 6 weeks later. I have filed a 2nd Contempt. This Contempt date will co-inside with the Pre-trial hearing date of the Origional Contempt!! I am sick of Court, Sherrifs, Constables, & all the related fees. The Arrears are over $7,000. He has no relationship with his sons. I am already working 2 jobs to keep us afloat. I have nothing to lose here. I want him in Jail. Can I refuse mediation? I just did this 2 mons ago! Enough is Enough. What are the Chances he'll do time? And how long if ordered?


Asked on 6/21/08, 7:13 pm

2 Answers from Attorneys

Jessica Foley Law Office of Jessica A. Foley

Re: Capias & Contempt

Hi,

Have you contacted the Department of Revenue?

Jessica

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Answered on 6/25/08, 2:00 pm
Nicole Reeves Lavallee Reeves Lavallee, P.C.

Re: Capias & Contempt

Chances of jail is based on his history of non-payment and the number of contempts. You may certainly ask for jail time. It is at the discretion of the judge to issue it. It depends on the court as to whether mediation is necessary. you do not have to agree to anything in mediation. Then you will go in front of the Judge who would decide everything. He can only serve 15 days, but usually there is a purge amount. For example, The judge would make him pay x before he is released.

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Answered on 6/23/08, 11:17 am


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