Massachusetts Divorce and Family Law

Modification of existing Court Orders is desigend to permit one or all parties to a Judgment the flexability to fix their obligations by contract or adjudication.  The Complaint for Modification can be a joint petition of the parties seeking the Court's approval and Judgment or it may be contested by a party.  Generally speaking, a material change in circumstances must be shown to warrent a modification of an existing Order.  The requirements and procedure for modification of a Court Order depends upon several factors, including the terms of the underlying Order, the time expired since the Order was put to Judgment, the circumstances of the parties, the terms of any underlying agreements, and the issues involved.

Contempt of Court Orders is the nonconformance with Court Orders.  The Court has the power and authority to enforce Orders, sentences, judgments and decrees made or pronounced in the exercise of its duties and to punish contempts of such authority in relation to an action in which equitable relief is sought.  The Court may remedy a contempt of its Orders by remedy or punishment for disobedience of its Order, whether it be to act or refrain from some act.  In order to pursue a contempt action in Court, the person accused of disobediance must have had notice of the Order, there must be a clear and unequivocal command of the Court, and an equally clear and undoubted disobedience of that command.  When confronted with a contempt action, the defendant has the burden of proving the inability to comply with the pre-existing Court Order which is the subject of the contempt action.  The requirements and procedure for contempt actions depends upon several factors, including the terms of the underlying Order, the circumstances of the parties, the terms of any underlying agreements, and the issues involved.