Brockton, MA asked in Family Law for Massachusetts

Q: I had to file contempt for my ex to provide his financial statement. He has yet to do so. What’s the next step for me?

A week has past since the contempt hearing where the judge verbally told him to provide this info to me.

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1 Lawyer Answer
Brian Waller
Brian Waller
Answered
  • Worcester, MA
  • Licensed in Massachusetts

A: In my experience, judges don't have a lot of patience for things that aren't a good use of their time, like having a hearing that doesn't accomplish anything because one party hasn't provided info they were supposed to provide. Judges have a lot of discretion in how they handle the situation though, and a lot depends on the circumstances and the judge's history with the case. As an example, someone who has every ability to provide their financial statement and information but intentionally tries to delay the process (and who has done that repeatedly) would likely be treated very differently from someone who is dealing with personal issues beyond their control, like receiving chemotherapy or dealing with COVID symptoms. Both may be in contempt, but a judge would probably have more patience for the latter. There is no hard and fast rule though, it can vary based on the judge, and even one judge may handle things differently on different days. If the other party is found in contempt you could be awarded attorney's fees, so it could be worth it to speak with an attorney. It is usually helpful to speak with someone who has experience with that particular judge also.

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