Legal Question in Family Law in Massachusetts

It sounds like you will need to file an action for Contempt. However, I would suggest speaking to a divorce attorney before proceeding.

I would be helpful to know if your ex has the ability to pay the amount agreed upon. I would also recommend consulting with an attorney after the time period has expired.

Mass General Law c. 215 34 discusses actions for contempt. When one party fails to obey an order or judgment of the probate court the other party has the right to file a complaint for contempt. The party filing needs to demonstrate that there is a valid order, that the party had notice of the order, and that the order has not been complied with. If the defendant can demonstrate that he/she does not have the ability to comply with the order that is a valid defense. If the court finds that the party does have the ability to pay there are a number of remedies available, including payment in full or regular payments. I would suggest that until the date the money is due as described in your agreement, your ex is not in contempt. Finally, I would note that the statute presumes that if the Plaintiff is successful attorney fees will be awarded. I highly recommend discussing this matter with a licensed Massachusetts Attorney.

As of today, he is not in contempt assuming the facts you have stated. What date in August 2011 is the money due and payable? Once the date arrives and if he hasn't complied, you then may have grounds to file a Complaint for Contempt. I would suggest that you contact a Family LAw Attorney and discuss this with him or her.

I agree with the others that - according to you - your ex is not in contempt until September 1, 2011. You should reach out to him and see if he plans to pay. If you do not get a satisfactory response - or if his response is no - you should meet with an attorney who can prepare and file a complaint for contempt after the deadline has come and gone. The other party can be made to pay for you attorney's fees.

We are located in Boston's South End neighborhood, not far from Copley Square, and we would be happy to discuss your situation at our office or over the phone. Best of luck.