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 »
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 »
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 »
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.
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.
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 »
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 »
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 .
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?
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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