The former wife of Sen. Edward W. Brooke (R-Mass.) asked the court Monday to charge him with contempt of court for allegedly failing to live up to the settlement that ended their 31-year marriage.

Lawyers for Remigia Brooke filed a contempt complaint in Middlesex Probate Court charging that Brooke has failed to pay his ex-wife $15,000 in alimony for the month of July. The suit was filed six weeks before Brooke comes up for election.

The lawyers also claimed Brooke did not live up to other sections of their negotiated settlement, including his agreement to pay $20,000 in legal fees for his ex-wife and to turn over some of the property he owns.

The complaint also claims Brooke failed to transfer the properties and make mortgage payments of $16,000 on one of the houses within the time period specified in the settlement.

The Senator will be asked to show cause why he should not be held in civil contempt at a hearing set for December 28.

Possession

Lawyers for Remigia Brooke filed an accompanying request that the court appoint a receiver to "take possession and control of the assets of defendant Edward W. Brooke, including any real and personal property."

Several hours after Brooke's wife filed her complaint, lawyers for Senator Brooke said they were "reluctantly" filing a counter complaint for contempt against Remigia Brooke.

The counter-complaint charged that she had failed to turn over a deed to one of the Brookes' properties. The senator said he needed the title to secure a loan in order to meet his obligations under the divorce settlement