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Massachusetts Divorce Questions & Answers
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 .

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 »

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