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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27692
Experience:  Lawyer
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I am divorced and receiving alimony in MA. Our agreement

Customer Question

I am divorced and receiving alimony in MA. Our agreement states the alimony is due �on or before the Friday of each week�. My ex husband has ommitted and been consistently late with payments.
I'd like his company to direct deposit from his pay into my checking account to ensure I recieve payments on time.
Is there a law that supports this? How do I get him to be on time?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

You have the ability to file a Motion for to Enforce Settlement, asking the judge to order him to pay interest or a monetary penalty each Friday that you do not receive the money. You can also file a Motion to Modify, asking the judge to give you an order that will allow you to garnish his wages. Note that you won't be paid every Friday unless that's how he gets paid - the order would have to be changed so the payment schedule matches his employer's. But once you have a court order that allows for garnishment, you can give to your ex-husband's employer and they will send the funds to you directly. And you can ask that the modified judgment include interest or penalties for late payments going forward (which shouldn't be an issue unless he changes jobs).

This site has the forms.

http://www.mass.gov/courts/forms/pfc/pfc-forms-gen.html#8

http://www.mass.gov/courts/forms/pfc/pfc-forms-gen.html#3

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