- The standard enforcement mechanism used to enforce alimony awards is the civil or criminal contempt motion. Filed by the recipient spouse against the spouse ordered to pay, Massachusetts law allows judges to order spouses liable of civil or criminal contempt. However, generally speaking, a court will not order jail time unless a spouse has a history of repeatedly failing to pay court-ordered alimony or is able to pay alimony and unreasonably refuses to pay it.
- Once a moving party files the motion for contempt, the spouse ordered to pay alimony must appear before the court to "show cause" as to why he did not pay. Although penal sentences are uncommon, judges routinely order spouses to pay reasonable attorney's fees and court costs.
- Under Massachusetts law, both spouses must complete a "Financial Statement" short or long form when alimony is an issue. Spouses with annual gross incomes of less than $75,000 may use the "short form" statement, and spouses who earn $75,000 or more annually must use the "long form." The Probate and Family Court Department requires spouses to complete the forms to ensure the spouse paying alimony is not destitute. If the court finds that a spouse was not able to pay alimony based on his financial statement, it may not hold him in contempt.
- Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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