Kennedy v. Kennedy

We deal here with the question of counsel fees under G. L. c. 215, § 34A. In an action for contempt against a party for failure to obey a Probate Court support order, there is a “presumption” under § 34A that a prevailing plaintiff is entitled to “all of his reasonable attorney’s fees and expenses relating to the attempted resolution, initiation and prosecution of the complaint for contempt.” After finding the defendant husband, George, in contempt of such a support order, a probate judge included an award for counsel fees and expenses in a judgment of divorce after rescript. The plaintiff…