Massachusetts Motion for Contempt
In a civil contempt case, once the filer shows a valid order and nonpayment, Massachusetts shifts the burden to the other parent to prove an inability to comply, and civil contempt jail is purgeable rather than a fixed term.
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Introduction
Massachusetts enforces a family court order through a Complaint for Contempt, filed under G.L. c. 215, section 34, in the Probate and Family Court division that issued the underlying order. It is filed on the court's own Complaint for Contempt (CJD 103), where the filer checks a box for civil or criminal contempt on the same form; these are not separate filings. No separate sworn affidavit is required, since Mass. R. Dom. Rel. P. Rule 11(a) says pleadings need not be verified, so the form's ordinary signature line is enough. Once filed, the court issues a summons; the hearing date is set at least 15 days after the summons issues, and the defendant must then be personally delivered a copy of the summons and complaint, typically by a sheriff or constable, at least 7 days before that hearing, or the summons is returned unserved. If personal service fails after diligent attempts at the defendant's last known address, service by publication is available with the court's prior approval. At a civil contempt hearing, the plaintiff must show a valid order and the defendant's noncompliance; once that is shown, the burden shifts to the defendant to prove an inability to comply, the reverse of what a filer might expect. A contempt finding and any jail time are never automatic: before ordering confinement for a support or custody violation, the judge must also confirm the underlying order came from a court with jurisdiction and was not obtained by fraud. Civil contempt jail is coercive, not a fixed term, and is stayed if the defendant purges by paying the arrears, following a payment schedule of current support plus an arrears amount not less than the amount required under G.L. c. 119A, section 12, actively seeking work, performing up to 40 hours a week of community service, or entering a job-readiness program, with the last three requiring reporting to the court. A contempt judgment presumptively includes the plaintiff's reasonable attorney's fees and expenses unless the judge makes specific findings against a fee award, and any monetary contempt judgment carries interest from the date the complaint was filed. Do not withhold court-ordered support because parenting time was denied, and do not deny parenting time because support is unpaid; either can itself be treated as contempt. This page does not cover changing the support amount or the parenting schedule; that requires a separate modification request. For unpaid child support, the Massachusetts Department of Revenue's Child Support Enforcement Division can, in some circumstances, file and serve the complaint and pursue wage withholding, license suspension, tax refund intercepts, or a bank levy without a hearing. If domestic violence or a safety risk is involved, use the restraining order process instead of confronting the other party directly. The court's own CJD 103 form controls what is filed. Attorney review is available before filing.
Key Things to Know
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Massachusetts calls this a Complaint for Contempt, filed under G.L. c. 215, section 34 in the Probate and Family Court division that issued the underlying order, on the court's Complaint for Contempt (CJD 103). The filer checks a box for civil or criminal contempt on the same form; no separate affidavit is required.
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The hearing date is set at least 15 days after the court issues the summons, and the defendant must be personally delivered a copy of the summons and complaint, typically by a sheriff or constable, at least 7 days before the hearing, or the summons is returned unserved. Service by publication is available with court approval if personal service fails after diligent attempts.
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No sworn affidavit is required. Mass. R. Dom. Rel. P. Rule 11(a) says pleadings need not be verified, so the CJD 103 form's ordinary signature line satisfies the pleading requirement.
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In a civil contempt case, once the plaintiff shows a valid order and the defendant's noncompliance, the burden shifts to the defendant to prove an inability to comply, the reverse of the assumption that the filer must prove the defendant's ability to pay. Before jailing a defendant for a support or custody violation, the judge must also confirm the underlying order came from a court with jurisdiction and was not obtained by fraud.
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A contempt finding and jail are never automatic. Civil contempt jail is coercive, not a fixed term, and is stayed if the defendant purges by paying the arrears in full, following a payment schedule of current support plus an arrears amount not less than the amount required under G.L. c. 119A, section 12, actively seeking paid work, performing up to 40 hours a week of community service, or entering a job-readiness program, with the last three requiring reporting to the court.
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Do not withhold court-ordered support because parenting time was denied, and do not deny parenting time because support is unpaid; either can itself be treated as contempt.
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Contempt does not change the support amount or the parenting schedule; a separate modification request is needed for that. The Department of Revenue's Child Support Enforcement Division can pursue wage withholding, license suspension, tax refund intercepts, and bank levies without a contempt hearing, and in some circumstances can file and serve the complaint itself.
Key decisions before you file
Before you file a Motion for Contempt in Massachusetts, a few decisions shape the document: which option to choose and what each one means. The Motion for Contempt guide walks through them.
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Massachusetts Requirements for Motion for Contempt
Complaint for Contempt on Form CJD 103
Massachusetts enforces family court orders through a Complaint for Contempt filed under G.L. c. 215, section 34, using the Probate and Family Court's own Complaint for Contempt (CJD 103). The filer checks a box on the same form for civil or criminal contempt; these are not separate filings, and the court's form controls what is filed.
No Sworn Affidavit Required
Mass. R. Dom. Rel. P. Rule 11(a) provides that pleadings need not be verified or accompanied by affidavit unless a specific rule or statute requires it. CJD 103's only authentication is an ordinary signature line, not a sworn oath.
15-Day Hearing Setting, 7-Day Personal Service
The hearing date is set at least 15 days after the court issues the summons, and the summons and complaint must be personally delivered to the defendant, typically by a sheriff or constable, at least 7 days before the hearing, or the summons is returned unserved.
Service by Publication if Personal Service Fails
If personal service fails after diligent attempts at the defendant's last known address, service by publication is available with the court's prior approval under the Massachusetts Rules of Domestic Relations Procedure.
Burden Shifts to the Defendant on Ability to Comply
At the hearing of a complaint for civil contempt, once the plaintiff shows a valid order and the defendant's noncompliance, G.L. c. 215, section 34 shifts the burden to the defendant to prove an inability to comply, the reverse of the assumption that the filer must prove the defendant's ability to pay.
Pre-Confinement Jurisdiction and Fraud Review
Before ordering confinement for a support or custody violation, the judge must review the underlying order to confirm it was issued by a court of competent jurisdiction and was not obtained by fraud, under G.L. c. 215, section 34B.
Purge Conditions Stay Civil Contempt Jail
A jail sentence for civil contempt is stayed if the defendant purges by paying the arrears in full, following a payment schedule of current support plus an arrears amount not less than the amount required under G.L. c. 119A, section 12, actively seeking paid work with reporting, performing up to 40 hours a week of community service with reporting, or entering a job-readiness or training program with reporting, under G.L. c. 215, section 34.
Presumptive Attorney's Fees and Interest
A contempt judgment presumptively includes the plaintiff's reasonable attorney's fees and expenses, unless the judge makes specific findings against a fee award, and any monetary contempt judgment carries interest from the date the complaint was filed, under G.L. c. 215, section 34A.
Department of Revenue Enforcement Alternative
The Massachusetts Department of Revenue's Child Support Enforcement Division can pursue wage withholding, license suspension, tax refund intercepts, and bank levies without a contempt hearing, and in some circumstances can file and serve the Complaint for Contempt itself.