Can I Protect My Pension From My Soon-to-be Ex?

Massachusetts has taken the position that ALL assets of the parties (individual and marital) are put on the table for distribution at time of divorce. Many states honor "separate property" doctrine at time of divorce--that is property the parties' owned before marriage or in their name only -- but Massachusetts does not.  So, any pension … Continue reading Can I Protect My Pension From My Soon-to-be Ex?

If giving up custody of my two children to my husband can I go back in several years and try to get custody?

Let me correct you about certain assumptions your question seems to be making: In today's environment, "fault" is not necessary to prove against the other spouse to get a divorce. In other words, infidelity, cruelty, abandonment etc., does not have to be plead or proved to get a divorce, and frankly most lawyers do not … Continue reading If giving up custody of my two children to my husband can I go back in several years and try to get custody?

Dad Must Pay Half of Daughter’s Law School Costs

Reprinted by Permission - American Bar Association Journal By Debra Cassens Weiss A Rutgers University history professor will have to pick up half the cost of his daughter’s education at Cornell Law School, which will cost him about $112,500, according to a New Jersey appeals court. James Livingston is required to pick up the tab because … Continue reading Dad Must Pay Half of Daughter’s Law School Costs

My Ex told me to stop paying her the child support. Is this legal?

Only a court of competent jurisdiction can vacate the child support order. If you fail to pay under the existing order you could be setting yourself up for a Contempt charge. If your ex no longer wishes to receive payments from you for the children, she will have to go to the Probate & Family … Continue reading My Ex told me to stop paying her the child support. Is this legal?

Can both spouses file for temporary orders in Massachusetts? And what happens if both spouses request the same order?

Either party can file any motions it deems necessary and appropriate to advance its case; that includes motions for temporary orders. If both parties file timely motions for temporary orders, the court will hear both sides the same day. (Your lawyer  or the clerk of the court will tell you about how to notice the … Continue reading Can both spouses file for temporary orders in Massachusetts? And what happens if both spouses request the same order?

My husband has lied three consecutive times on his financial. What can I do about the under-reporting of income and assets?

Spouses that lie or under-report income are not uncommon in Divorce and Child Support proceedings. You have to bring whatever evidence you have of the under-reporting to the court's attention. You should file a motion for further financial disclosure, which opens the door for a discussion of his finances in court. You can also use … Continue reading My husband has lied three consecutive times on his financial. What can I do about the under-reporting of income and assets?

As part of divorce, I agreed to pay half of college costs for kids. However, last year I declared bankruptcy Am I at all protected?

Your legal remedy is go file a Complaint for Modification of the Divorce Agreement immediately. Only the court can determine if you are absolved of this legal/contractual responsibility due to the bankruptcy.  However, you should know  that when filing a Chapter 7 or 13 bankruptcy petition, an automatic stay provided by Bankruptcy Code section 362(a) … Continue reading As part of divorce, I agreed to pay half of college costs for kids. However, last year I declared bankruptcy Am I at all protected?

What are the steps to gain full custody of my daughter?

"Custody", as used in a domestic relations context, is made up of two parts: Legal and physical. Where a child is born to a married couple, both parents have a natural right to both physical and legal custody. These legal parental rights can only be altered by judicial intervention, when the parents legally separate or choose … Continue reading What are the steps to gain full custody of my daughter?