If a parent fails to make child support payments, the other parent may file a motion for contempt to bring the issue before the court. A motion for contempt—as the name implies—is based on the uncooperative party’s contempt for the judge/court’s child support order. Ignoring the court’s order will have serious potential consequences, including loss of custody or visitation rights, and payment of the other parent’s attorney fees and costs in filing the motion for contempt (coercive civil contempt). And in some cases of repeated failures to comply with the child support order, the court may punish the uncooperative parent with jail time (criminal contempt).
In Massachusetts, if a parent fails to make court-ordered child support payments, the other parent has the right to file a motion for contempt with the court. This legal action is taken when a parent disobeys the court's order, showing a disregard for the legal obligation to provide financial support for their child. The consequences of being found in contempt can be severe. The court may order various remedies to enforce compliance, including but not limited to, loss of custody or visitation rights, and the requirement to pay the other parent's attorney fees and costs associated with filing the motion. Additionally, the court may impose fines or even jail time in cases of repeated non-compliance, which is considered criminal contempt. The goal of these measures is to compel the non-compliant parent to adhere to the child support order and ensure the financial well-being of the child.