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After a divorce judgment has become final, a substantial change in the circumstances of either party to the divorce may be grounds for a modification of the terms of the divorce judgment (or agreement). The KCL Family Law Group can evaluate the change in your circumstances and advise whether seeking a modification to your divorce judgment is appropriate and cost effective. Examples of the types of modifications sought and won by KCL attorneys include changes in child support and alimony, alterations to custody and visitation arrangements, and orders regarding payment of higher education expenses.
“Contempt” refers to a claim by someone participating in a divorce or paternity action that the other party has not obeyed a court order. Contempt actions can be brought for issues including unpaid child support, failure to comply with visitation orders or spending marital assets without the permission of the Court.
Contempt is sought by filing a complaint describing the existing order and the failure to comply. It is also possible to receive the payment of your counsel fees if the other party is found to have willfully violated the express court order. In Massachusetts, contempt actions are usually referred to the Family Service Office, a department of Probate and Family Courts, on the scheduled date of hearing to try and mediate the dispute. If the party accused of the disobedience denies the claim, he or she has the right to demand a full hearing. Usually, the Judge will schedule a future hearing date when testimony of witnesses (usually the parties but it can include other witnesses or a financial expert, for example) and submission of supporting relevant documentation will be received.
Kerstein, Coren & Lichtenstein views the violation of its clients’ rights very seriously and will act aggressively in pursuing both the prosecution and defense of contempt claims. If you seek a law firm that will pursue your rights to enforce existing orders in a timely and energetic manner, please do not hesitate to call us.
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