Winchester, MA asked in Child Support and Family Law for Massachusetts

Q: Can I file a complaint for contempt in MA for child support without legal representation?

I am unable to afford legal representation and have contacted multiple organizations offering free services - none of which are able to offer me services at this time. I understand I have burden of proof. The Agreement states clearly what the obligations are. There have been multiple aspects he has ignored but my priority is the child support.

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1 Lawyer Answer

A: You can absolutely file for contempt without an attorney. A Complaint for Contempt is on the easier end of the spectrum compared to other types of cases in Probate & Family Court because the issues tend to be pretty discrete.

You will first need to show that there was an order in effect that required the other party to do something (like pay child support). That tends to be pretty easy, especially if the order is simple and clear. Next, you will need to show that the other party violated the order. If you say the other party failed to pay child support, the judge would likely look to them to show some evidence that they did make payment according to the order. If your child support is managed by the Department of Revenue, it should be easy to show the payment history and the past due amount. Finally, to be found in contempt, the judge has to find that the other party has the ability to comply. This sometimes gets murky, but it almost always requires more than someone saying they just can't afford to pay to avoid being found in contempt.

Judges expect their orders to be followed. Generally, judges tend to be patient with people who represent themselves and ask questions to get the relevant information they need to review a contempt action. If you are respectful, prepare in advance, and stick to the issues you identified when you filed the contempt, you will put yourself in a good position. Don't worry too much about the burden of proof, just be prepared to show the judge what the other party failed to do. That can be through your own words, copies of emails or text messages, payment history, or anything else that helps the judge understand exactly what the other party failed to do. Finally, keep it simple. Don't expect the judge to review a stack of papers. Though a judge could choose to do that, it is very unlikely. Stick to the most basic evidence you have and don't overwhelm the judge with every text message you exchanged with the other party over the last 5 years.

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