Which is faster a modification or a contempt

Asked 10 months ago - Brookline, MA

My husband is not complying and I may need to go to court

Attorney answers (4)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . A contempt, however you need to know the right tool because speed doesn't always equal results, go over the specifics with a local attny and he or she will help you, take care and the filing fee is less on contempts.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Thomas J Callahan

    Contributor Level 18

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    Answered . Contempt is the procedure for violation of existing orders. Modification is used to change orders going forward. These are not interchangeable procedures. You sound like you need to file a contempt to remedy the current violation. If you need to change things, file a modification as well.

    To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a... more
  3. James Thomas Kinder

    Contributor Level 14

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    Answered . It sounds as though your husband is in Contempt of existing orders; therefore, a complaint for Contempt would be the appropriate course of action. When the case gets heard depends often on the subject of the Contempt (I.e complaints foe contempt of child support orders often get heard much quicker). Attorney Lewis is an excellent attorney and could assist you quite adeptly with this matter. Best of luck to you.

    Legal disclaimer: DISCLAIMER This answer is provided for educational purposes only. By using or participating in... more
  4. Christopher W. Vaughn-Martel

    Contributor Level 17

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    Answered . These are two different procedures which will afford you two different outcomes.

    You may need both!

    Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts.... more

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