Submitted by sha sha on Wed, 07/15/2009 - 15:34
I was divorced in Massachusetts and now live out of state. My ex has not abided by the divorce agreement to pay me a fixed monthly amount until balance is paid off. A year after the divorce he started paying for about 3 months and then stopped so I haven't seen a penny since Jan 2008. He also lives out of state (different state than me). How do I handle filing this contempt with the Massachusetts court? Also, I think I read somewhere the statute of limitations regarding court orders was 6 years. Is that correct?
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Editor's Response
I know you will not like this answer, but given that you and your Ex now live in another state and their will be issues surrounding service and other matters, I would contact a MA attorney who does divorce law to help you with this. My understanding of how this works (someone who has NEVER practiced family law) is that you must ask the court that issued the support order to issue a summons for your Ex. Once served, your Ex must appear in court at a specific time and date and explain to the court why he should not be held in contempt of court. This is serious business. The court can order a person who is in contempt to pay what he owes in a lump payment or installment or, in some cases, order that the person to be put in jail. Good luck.