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Massachusetts Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: Can a child request a custody change if they feel they are being mentally abused?

I have split parents, they have been divorced since I was 5. My mother has been abusing me mentally. I know this always gets over looked as the child overreacting but this isn’t some joke. My parents have equal custody, can I request to live with my good parent?

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 8, 2021

If you are being mentally abused, have you told a Mandated Reporter such as a pediatrician , social worker, mental health counselor, psychologist, or school guidance counselor or school official or DCF hotline # about this matter and the underlying facts which constitute mental abuse? Is the... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: how do a file for alimony 8 years after divorce?

i did not waive future alimony. I was married twenty years. i was a stay at home mom 10+ years. I am disabled. I receive SSI. I do not work. I was homeless. Now I live off of SSI and I can not babysit anymore due to fibromyagia and arthritis. My ex husband makes a lot of money. I need help... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 8, 2021

This sounds like a Modification Complaint for current alimony if his situation has improved significantly and it sounds like your situation has deteriorated. You would need to have him served out of state .

1 Answer | Asked in Divorce, Child Support, Employment Discrimination and Probate for Massachusetts on
Q: How to go forward with a judge that works with my husband for 20 years ruled against me and my husband told me he would
Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 1, 2021

Are you pro se? Did you tell your attorney this ? A Motion to Recuse is the usual method of proceeding when there is an association between either party and the Judge or an appearance of conflict even it is a good idea for the Judge to recuse.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: I want a divorce. I live in Massachusetts, My husband left to PR and thought I would follow, but I said no. How to file?

We own a house in PR. I have my youngest son (16) living w/me at my sister’s. I had to abandon my apartment. I can’t afford rent on my own. Can I file in MA vs PR. He left in Oct 2020.

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 26, 2021

It sounds like you were both living in Massachusetts until October 2020 when husband left, so yes and Massachusetts has jurisdiction over the child who lives here and has lived here for 6 months or more.

1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: Can a joint custodial parent veto a particular child therapist?

I share joint 50/50 legal custody of my 5 yr old child w my ex. Our agreement was filed w the court in 2017. My ex would like a therapist (who has not yet met our child but has shown bias against me as a non-birth mom) to start seeing our child every other week for therapy. Our current child... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 24, 2021

You should request a therapist referral from the provider who is leaving for a successor therapist. Both parents should have input for the new provider. If the other parent refuses and there is a proceeding pending or if there is not a proceeding one would need to be brought- for Modification... Read more »

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Have two family members refusing to sell a property and leaving spouse without money. What can we do?

I know that in the state of MA the spouse is to get everything but this has gone on long enough and we need help asap

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 19, 2021

If real estate is held in common, a petition to partition is needed. In divorce there is property division and this is a distinction. In a divorce all assets regardless of how held are considered marital property to be divided and not the sole property of a spouse until or unless the Court so... Read more »

1 Answer | Asked in Divorce and Tax Law for Massachusetts on
Q: Do I have to claim as income a cash settlement that is part of the divorce agreement?

The money is from half the equity from the sale of our house. My spouse was required to sell within 5 years. I let her live there until she retired, but it has been 15 years since the divorce. I also signed the deed over to her a few years ago. She died last year, and our children now own the... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 17, 2021

This is really a taxation question. Waiting and not filing a Modification Agreement to change the sale date may be problematic for enforcement purposes as well. The creditor claim period is one year from the date of death also.

1 Answer | Asked in Divorce for Massachusetts on
Q: Are there divorce lawyers who help with women who are married to emotionally, psychologically abusive men, narcissist
Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 11, 2021

In divorce the notion is that the facts of the case matter for both parties.

1 Answer | Asked in Divorce, Family Law, Tax Law and Child Support for Massachusetts on
Q: Can owner change her S-Corp to be taxed as C-corp so her income for support will be lower based on W2 only in divorce?

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... Read more »

Lillian J. LaRosa
Lillian J. LaRosa 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.

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: should i give my ex my child stimulus I receive because I claim one of our children and she claim one ?

she is the custodial parent and i am not late on child support

Lillian J. LaRosa
Lillian J. LaRosa 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.

2 Answers | Asked in Divorce, Estate Planning and Tax Law for Massachusetts on
Q: My spouse's dad passed away in May and the estate is being questioned by my wife and her 3 siblings.

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 ?

Anthony C. Adamopoulos
Anthony C. Adamopoulos 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.

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1 Answer | Asked in Divorce and Real Estate Law for Massachusetts on
Q: Divorce ??? I have a deed & mortgage with a Joint tenancy with right of survivorship with my dad ( father / son).

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... Read more »

Lillian J. LaRosa
Lillian J. LaRosa 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... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Where can i find a pro bona lawyer tk help me with my divorce. He has served me and ive been evicted from our home.

I havent enough money to move out. And or pay a lawyer to help me fight.

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 16, 2020

You can try Western Mass Legal services or Western New England Law school.

1 Answer | Asked in Divorce for Massachusetts on
Q: My husband wants a divorce and to file for bankruptcy. He’s offering me $300/month because I “have no case” for alimony

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.”

Lillian J. LaRosa
Lillian J. LaRosa 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?

1 Answer | Asked in Divorce and Health Care Law for Massachusetts on
Q: Can my ex wife's company drop my health coverage after 10 years? It is ordered by the court for her to cover me.

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.

Lillian J. LaRosa
Lillian J. LaRosa 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... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: My father and mother owned a house and divorced according to the laws in Puerto Rico the house belongs to the youngest?

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?

Lillian J. LaRosa
Lillian J. LaRosa 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.

1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: Can I stop my ex from starting a large expense cost (braces) until we agree on a payment plan with the orthodontist?

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... Read more »

Lillian J. LaRosa
Lillian J. LaRosa 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... Read more »

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: Child Support during unemployment

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... Read more »

Lillian J. LaRosa
Lillian J. LaRosa 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.

1 Answer | Asked in Divorce for Massachusetts on
Q: if my spouse sold the house and kept the money in the middle of our divorce also only reported 1/4 of the money .
Lillian J. LaRosa
Lillian J. LaRosa 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... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: If your attorney failed to file on a deadline and arbitrator retired before award made accurate

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... Read more »

Lillian J. LaRosa
Lillian J. LaRosa 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 .

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