How to File a Contempt Case

How do I start?

To start the process of getting a child support order you must file a Complaint for Contempt on a printed form provided by the court.

Where do I file?

You file the complaint in the Probate and Family Court that issued the child support order that is not being obeyed

What do I do next?

1. Get the Contempt Summons The clerk will give you a Contempt Summons. This is an official paper that tells the other parent that he or she must file an Answer to your claim that he or she did not obey the child support order. The court can only decide whether the other parent is in contempt of court is served with the summons.   The summons has the hearing date on it. 
2. Serve the papers. Bring or send the summons and a copy of all the papers that you filed to a sheriff or constable to deliver to your spouse. If the court approved your Affidavit of Indigency, use a deputy sheriff to serve the papers. Give the deputy sheriff a copy of the Affidavit of Indigency so the state can pay his or her fees. When the deputy sheriff gives the papers to your spouse, it is called "service of process."
3. Wait for the sheriff or constable to return the summons and "Proof of Service" to you   After the sheriff or constable serves the papers, he or she will return the original summons to you. On the summons, the sheriff or constable fills out, signs, and dates the section called "Proof of Service". Be sure to tell the deputy sheriff or constable to send the summons with the "proof of service" back to you.
4. Make a "return of service"   Return the signed original Domestic Relations Summons to the court. This is called making "return of service." Remember to make a copy of the signed original summons for your records.
5. Both parents will need to file a Financial Statement

Are there court costs for filing a contempt case, and what can I do if I cannot afford them?

There is no filing fee for the Complaint.

The Contempt Summons that you serve on the other parent costs $5.00.

Deputy sheriffs charge $35.00 to $40.00 to serve the complaint and summons.

If you receive public assistance or if your income is very low, you may be eligible to have the cost of the summons waived and to have the state pay the cost of serving the papers. In order to do that, you fill out a form called an Affidavit of Indigency  and have it approved by the appropriate court personnel, usually an assistant register of probate.