Legal Question in Family Law in Massachusetts

Recovering back child support & alimony payments
A divorce agreement from 1987 in MA stipulates that the husband & wife will exchange W2s each year and that the wife will be entitled to an increase in child support & alimony if the husband's income increases. Neither the husband or wife however exchange W2's for the first 8 years of the agreement. During this time the husband's income goes up. The divorce agreement states "the failure of the husband or the wife to insist in any instance upon the strict performance of any of the terms contained in this Agreement shall not be construed as a waiver of such term or terms for the future, and such terms shall nevertheless continue in full force & effect." The questions:, how likely is is it that the wife will now be able to receive the amount that she would've gotten had she asked for it at the time? Also is she entitled to interest?
And last, is this a contempt charge or a breach of contract? Thank you for any help you can give.

Asked on 8/20/99, 6:32 pm

Barbara C. Johnson Law Office of Barbara C. Johnson

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Re: Recovering back child support/alimony payments

Go to my site and see a brief

for a case very similar to the one you are posing:

http://falseallegations.com/laches.htm

After you read it, call me if you have more

questions.

Answered on 8/27/99, 1:16 am

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