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Massachusetts Divorce Questions & Answers
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 .

1 Answer | Asked in Divorce for Massachusetts on
Q: divorced for 9 y, married 13. ex got a job while we where married which paid a 401k plan aren’t I entitled to half
Lillian J. LaRosa
Lillian J. LaRosa 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?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Massachusetts on
Q: Can your child support payments be lowered if you have another child with new spouse?(Massachusetts)
Lillian J. LaRosa
Lillian J. LaRosa 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.

1 Answer | Asked in Divorce for Massachusetts on
Q: What do I do to get divorce?

I file joint he refused to sign the divorce paper

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

1 Answer | Asked in Divorce for Massachusetts on
Q: Currently separated want to buy out husband from house. When do I start refinancing process now or when divorce final?

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?

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

1 Answer | Asked in Divorce, Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Massachusetts on
Q: Being Sued and Need To Respond to Get Suit Thrown Out or Delayed

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... Read more »

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

2 Answers | Asked in Divorce and Family Law for Massachusetts on
Q: One hundred and twenty characters is a tweet, not a legal question. See below.

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... Read more »

Tracy Galloway
Tracy Galloway 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.

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1 Answer | Asked in Divorce and Real Estate Law for Massachusetts on
Q: Im getting divorced and my spouse said he would sign the house over to me. He is under arrest at family? How to do this?

Ma

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

1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: My little brothers father and my mom got a divorce and he doesn’t live with us anymore. Can he record us when he visits?

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... Read more »

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

1 Answer | Asked in Divorce for Massachusetts on
Q: Divorce,i already paid half my retirement pension to spouse, do I need to pay alimony after retirement.

already agreed to pay half my retirement pension, if I have to retire, physical health, do I pay alimony

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 27, 2020

So in divorce there is property division and debt division and also the issues of spousal support and medical insurance coverage . There is no one size fits all answer to your question because the factors which the Court analyzes 9n making spousal support determinations are statutory and also... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Massachusetts on
Q: Do I need permission from SO’s ex to have a child depending on stipulations in their custody arrangement

They have an agreement that neither party can make a decision in regards to their child without first speaking to other parent and developing an agreement. As having a sibling would effect their child does he and I trying for a child fall under that agreement

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 24, 2020

This is not a typical construction of a decision concerning the child's health and education and recreation. Does your stipulation discuss this question of additional children ? I've never seen this coming up! It sounds like an intrusion and could well be a violation of public policy that... Read more »

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1 Answer | Asked in Divorce for Massachusetts on
Q: Filed for divorce, moved out dec 2019 Wife dating someone. Does that affect the divorce in any way?

Assets include 401k tsp plans. 2 minor children

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

If the other person is cohabiting then that affects alimony and if the person is a risk to the children or the children are not doing well with this individual being around them, then custody can be affected. If wife is spending monies on this other person that affects equitable distribution to... Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: My husband and I have been separated since 2017. I’m terrified of him but I want to finally go through with the divorce

We briefly reconnected for about two months winter 2018 and now we have a baby. I told him I was pregnant in April 2019 when I found out and I didn’t hear from him my entire pregnancy nor did I hear from him her entire first six months of life. I ended up contacting him for help which was a... Read more »

Tanesha R Wright
Tanesha R Wright answered on Jun 15, 2020

You should contact an attorney to discuss specific details, there is not much here to go on. If you want a divorce you'll need to go through the divorce process of filing in the probate and family court. If you fear for your safety and your child's safety, for any reason, you should... Read more »

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2 Answers | Asked in Consumer Law, Divorce, Employment Law and Family Law for Massachusetts on
Q: What can I do to recover damages? Anything?

My now ex wife worked with me in my business. She ended up having an affair with one of our employees. During her deposition she did not admit to a relationship with the employee but as soon as our divorce was final he moved in and made it public through social media. She has posted damaging... Read more »

Tanesha R Wright
Tanesha R Wright answered on Jun 14, 2020

As counsel has already stated if she's making defamatory statements about your business that is an issue outside your divorce. However, I do think there are issues you could address in your divorce on other matters. First, would be a potential modification if you are unable to make payments... Read more »

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1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: hello, I got divorce in CT. post divorce got a bench warrant (miscommunication), its resolved, will i pass my BC ?

I received a contract to teach in a private high school in MA, I have no criminal history, no traffic offense, but I am worried my post divorce issue will showcase me as a person i am not. Can my Background Check CORI shows the post divorce Bench warrant ( even though it has been resolved) and... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 11, 2020

If there is any problem, then you should engage counsel to represent you to have the record rectified.

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