Legal Question in Family Law in Massachusetts
I was awarded alimony and child support in 1979. My ex husband stopped paying both in 1984. In 1984 my youngest child was 15 years old. We had a divorce agreement that said we should adjust child support and alimony each year, this has not been done since 1984. As our children reached 18 the total payment was to be decreased by 20% (4 children @ 20% each and alimony at 20% of total).
My questions are these: have I waited to long to collect unpaid alimony? Have I waited too long to collect unpaid child support? And perhaps most importantly, what level of proof should I expect to need to produce (bank statements, taxes, would my testimony suffice?)?
Thank you in advance.
1 Answer from Attorneys
Your ex has a legal obligation to follow the terms of the divorce agreement. He is currently in contempt of the divorce agreement. You can file a Complaint for Contempt and request that he pay your filing and attorney fees. Once you file the Contempt you should request his taxes and produce yours to help prove that he did not pay you.