A contempt finding predicated on disobedience of child support orders drew a stayed three month suspension by the Massachusetts Supreme Judicial Court.

From the summary on the web page of the Board of Bar Overseers

Following a divorce in Arizona, after the mother and minor daughter moved there from Brockton, Massachusetts, the divorce decree (“Decree”) allowed the respondent/father to have unsupervised visits with his daughter. When the respondent did not comply fully with the terms of the Decree (proof of life insurance and reimbursement for the daughter’s medical expenses), the mother filed a contempt petition against him, which was allowed in November 2018 after a hearing (First Contempt Order). In addition to finding the respondent in contempt, the Arizona Probate Court allowed the mother’s legal fee application for $17,000 plus interest.

The parties filed further motions

When the respondent did not comply with his payment obligations, the mother then filed a second contempt petition January 15, 2019. The respondent made some payments before the hearing on April 10, 2019. The Court found the respondent to be in contempt of the two prior orders, requiring payment of medical expenses and the mother’s legal fees (Second Contempt Order). The Court also referred the matter to Bar Counsel, noting that the respondent was found “in contempt of court again, within mere months of the last finding of contempt . . .”

Mitigation

In mitigation, at the time of the misconduct, the respondent was severely alienated from his daughter; this alienation worsened his diagnosed anxiety and depression, which interfered meaningfully with his ability to make appropriate decisions in the Arizona divorce proceeding, thereby contributing to his misconduct.

He stipulated to the violations and sanction. (Mike Frisch)