Post-divorce

Issues

A number of issues can bring parties back into court after a divorce has become final.  In general, a material and substantial change in circumstances can justify modification of a judgment, and in the case of child support, the mere passage of time can justify review of a child support order.

If a party fails or refuses to obey the terms of a judgment, the remedy can be a complaint for contempt.  If found in contempt, the court can sanction the offending party by ordering him or her to pay the other’s attorney fees or other monetary sanctions, or even incarceration. 

In particular, failure to pay child support can bring the matter under the authority of the Massachusetts Department of Revenue, which can impose penalties and interest, levy salary, bank accounts, tax refunds, and lottery winnings, and prevent renewal of driver’s licenses.

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