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She is paying high alimony & child support now due to high income from W2 + K1( from business income reported on her tax return). Is it legal for her to change her S corp to C-corp so her future income from C corp will be far lower that is based on W2 only? Her company is growing and needs to... View More
answered on Feb 9, 2021
It depends upon the terms of the Separation Agreement/Divorce Judgment and the Judge's perspective on the level of income available for alimony and child support.
she is the custodial parent and i am not late on child support
answered on Feb 5, 2021
It depends upon the wording of your separation agreement/Divorce Judgment if you are divorced or temporary orders if there is not a final resolution . If the document is truly silent then not required to do so.
My spouse refuses to tell me anything and has also told her lawyer to tell her siblings tell me nothing about what is going on. My question what rights do I have to be included in the outcome of the estate distribution among my wife and her siblings ?
answered on Dec 29, 2020
Your question: "My question what rights do I have to be included in the outcome of the estate distribution among my wife and her siblings ?"
Based only on what you write, none.
I have a deed & mortgage with a Joint tenancy with right of survivorship with my dad ( father / son).
My wife has filed for divorce.
She was not added to deed / mortgage because at the time of purchase she was in arrears with the DOR for back child support from another... View More
answered on Dec 3, 2020
It looks like it is a marital asset to be divided equitably by the Probate Court if the parties are unable to agree on property distribution. You have not stated the duration of the marriage or other circumstances so assuming at least 10 years it is possible that the Court would assign 50% of the... View More
I havent enough money to move out. And or pay a lawyer to help me fight.
answered on Nov 16, 2020
You can try Western Mass Legal services or Western New England Law school.
We are both trying to be civil, but I’m suspicious of the timing. He also said that a lawyer he consulted told him that my alimony request “would be thrown out of court.”
answered on Oct 26, 2020
You need to also speak with a bankruptcy attorney as your asset division would potentially be affected thereby. Why are you both not filing for bankruptcy?
Nothing has changed. She still has the same insurance. I was notified this year that they will no longer be carrying ex spouses. All the laws state that they must cover me.
answered on Oct 16, 2020
Sounds like she is subjecting herself to a Contempt Complaint. Please review your separation agreement for what her obligations are and if all conditions are met and start first with a courteous explanatory letter indicating the Contempt if she removes your coverage. Your damages could well... View More
Which I’m the youngest But my father past and before he pasted he remarried and sold the house which lawfully belongs to me what can I do?
answered on Oct 8, 2020
Was father a resident of Puerto Rico at the time of his death? If he was, then Puerto Rico's laws would govern.
My teen recently went to live with my ex (the teen's choice) but we both have 50/50 legal. We share uninsured medicals and I technically would have to reimburse him in 30 days. He makes a lot more money than me, has a two income family, and plans on making a lump sum payment. He won't... View More
answered on Oct 5, 2020
So, was there a recent Modification of Custody and Support? If you just agreed to this division and did not list orthodontia as an extraordinary expense to be agreed upon this murkies up the waters. It can be considered an extraordinary or unnecessary expense by some Judges. Are you sure you cannot... View More
I lost my job back in July (Massachusetts). I will return to work next month. By the time I return to work I will have been paying full child support for 10 weeks. My child support exceeds my income (unemployment insurance) by $100 weekly so it has put a big dent in my savings.
Petitioned... View More
answered on Sep 29, 2020
If the Court reduces your child support it could be retroactive to the date of service of the Modification Complaint, but you will need to address that with the Court since most orders are prospective.
answered on Sep 23, 2020
You have not stated whether there is a divorce compliant pending and if so this home sale unless you agreed to sell same is a violation of the automatic asset restraining order which is stated on the divorce summons and would be a contempt - your attorney can file same and note that the proceeds... View More
Award. not completed and therefore not entered as order - went to court to ask judge to rule. The judge said she does not know what is in mind of arbitrator on ruling and may have to start all over. Who should pay for this added legal process if it was lawyers fault for not rectifying before... View More
answered on Sep 16, 2020
I would think that the arbitrator would have an obligation to complete a ruling under the arbitration contract ( an agreement which specifies duties and remuneration ) with him or her and that the attorneys involved in the arbitration need to get ahold of this individual .
answered on Sep 4, 2020
So he had the 401(k) plan while you were married? If it was not addressed in the divorce it may be because there were trade offs with other assets in property division or the timing of when he got the job. Have you asked your divorce counsel?
answered on Aug 28, 2020
It can be used as a defense to the request for an increase in child support but not to lower an existing child support order.
I file joint he refused to sign the divorce paper
answered on Aug 26, 2020
If the other spouse is not agreeable to the Separation Agreement proposed or to the divorce, then you will need to file a divorce complaint and obtain a summons to have him or her served with the divorce complaint and summons. You should consider engaging divorce counsel to navigate the divorce... View More
Should I start refinancing paperwork now to buy out my husband, or do I have to wait and do this after divorce is finalized? If I keep house, refinance and sell in a few years how will I be affected by capital gain? If I use the profit to buy another house, do I have to pay capital gain?
answered on Aug 14, 2020
First of all, has husband already agreed on a buyout figure with you as part of a Separation Agreement? If so, the document should have timing of the refinance specified and you should determine as soon as possible your ability to qualify to have the refinance buyout . The tax laws can and do... View More
This is messy I know, but I'm appreciative of the help. I'm representing myself pro se in a divorce trial. Not my choice. My previous law firm did not file an appearance, they were "consulting", they did a lot of damage on rules of evidence. I didn't pay them. They are... View More
answered on Aug 13, 2020
Your question is very confusing. Are you seeking to file a legal malpractice claim? If so, that is an area of specialization and you can inquire using this forum. If you are seeking pro bono legal assistance, also, then there are some resources which may be available to you . You need to tailor... View More
I was married in 2000. My daughter ws born in 2002. I was divorced in 2007.
We have joint legal custody. I have sole physical custody. My ex pays me child support.
We were each going to pay for half of college--tuition, room, and board.
Since my daughter is going to be... View More
answered on Aug 5, 2020
No. But your child support payment should not be decreased, as is now the standard for when a child reaches the age of 18.
Ma
answered on Aug 3, 2020
Is husband incarcerated? He can still enter into a divorce Separation Agreement but the logistics are harder if he is. You have not stated enough information to determine whether the agreement is fair and reasonable and this is the Court's standard needed for a divorce to be approved of by the... View More
Before he was removed from our home he had “nanny” cams, and would frequently use his phone to record us in our home. At first I was told it’s like a nanny cam and was okay. Now that he lives with us can he still come into my house and record us with his gopro? I do not want to be recorded... View More
answered on Jul 28, 2020
Recordings are not permitted without consent of the recorded person in Massachusetts. Your mother is authorized to inform him it is unacceptable behavior and may need to address this behavior which is likely being prompted by his father via a Modification of the terms of visitation and possibly... View More
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