Legal Question in Family Law in Massachusetts
Ex-wife not paying alimony; options?
My divorce settlement with my ex-wife states she will pay me alimony every month for a fixed period of time. She should have started paying in June 2006, but as of today has paid nothing. Until recently we had been able to communicate, but lately communication has been breaking down. I no longer feel we can handle this ourselves. I was told I should file a complaint for contempt of court, but how do I do that? Do I need a lawyer? Can she retaliate? In short, I need advice about my options and how to proceed. Thank you.
2 Answers from Attorneys
Re: Ex-wife not paying alimony; options?
The procedure for failing to comply with a court order is to file a complaint for contempt. The complaint and summons will be served on your ex wife and the summons will contain a date for the hearing. Once the summons has been served, your ex has 20 days in which to file her answer. At the hearing, you have the burden of showing that she is not in compliance with the order. Then the burden will fall on her to demonstrate either compliance or good cause for not performing, (e.g. no money). If found in contempt, the court will order that all overdue payments be brought up to date. The court could also send her to jail. The court may order reimbursement of attorney's fees if there is no good faith present.
Re: Ex-wife not paying alimony; options?
I agree with Dempsey. As far as retaliation, it sounds like you have certain concerns or fears that you have not stated. If you can tell me what they are, they I could be in a better position to discuss your options.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
