Dads Divorce - Free custody and alimony advice for men and fathers.
Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> MA
 Recently the Wall Street Journal posted an article by Jennifer Levitz titled: The New Art Of Alimony. The article on alimony and divorce examines several cases of alimony which, although seemingly extreme, are also indicative of the slippery reasoning and changing situations that create situations in which one ex-partner is expected to pay the other ex-spouse an indeterminate amount for an indeterminate amount of time seemingly without regard to the recipient's ability to pay their own way and even regardless of the payor and recipient's future financial situations.
The article brings up the question of the underlying purpose of alimony, spousal support or maintenance, whether it is still a worthwhile form of compensation in a day when the sexes, now more equally represented in higher education and the workplace , and therefore earning potential are truly equal in the eyes of the court, and whether any of the variety of state solutions to the fairness or unfairness of these payments are working.
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Posted by Dads Divorce in Visitation , Visitation , parenting time , Parenting , motion , MA , guardian ad litem , GAL , custody , custody , Ask A Lawyer
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Question: I have been legally divorced for almost 2 years now. I share 50% Joint Legal Custody of my 2 children, aged 8 and 5. Since my divorce, I filed, we have gone through two parent coordinators, one left on her own accord, one dismissed by ex-wife without success, but powerless nonetheless. I have made several visits to the court due to my ex-wife's continued harassment of my time with my children with no resolve. I am seeking the services of a guardian ad litem. Is this the proper move.? Answer: I am not licensed in the State of MA and therefore cannot answer your question specifically to the laws of that State. In my jurisdiction, Guardian ad Litems are required if abuse or neglect of the children is alleged. If abuse is not alleged a court can at its discretion appoint a guardian if requested, or on their own motion. However, GAL's are much like wild cards in poker, they support the weaker hand. If you have a good case, why throw in a wild card that could side with your ex-wife? In addition, the cost factor needs to be decided. If you are of limited resources for your litigation, you must consider if your funds can be put to better use than paying the GAL. Would retaining an expert witness be a better use of your money? Finally, in the limited amount of information that you have provided, I will say it is uncommon for me to recommend a GAL in a motion for contempt or motion for family access and that appears to be what you are filing.
Question: My ex is legally trying to move my children from one state to another. Even my lawyer states that it is likely that the judge will rule in her favor as she has met the "does she have a legitimate reason for wanting to move". I could have worked out a deal with her regarding visitation but she's moving almost 1000 miles away and I can't stand the idea of not being able to see my kids a couple times per week and being a part of their lives. I have the trial coming up (the judge gave only a few weeks to prepare between the trial and pre-trial). My attorney (whom I retained right after the pretrial as I was pro-say before) is going to focus on my family who live in the next state about 75 miles away and the close relationship my daughter has with them. He doesn't want to get into the verbal and physical abuse I had to endure all those years or the fact that this is my ex's 3rd marriage. (she has 4 kids with 3 different fathers plus this new husband that she met online). I guess what I'm looking for is idea's of an outline of what I need to do in court to try and get the judge to not allow her to leave the state with my daughter. I feel like I've allready lost but need to throw up anything at this point. (like why doesn't my daughter have the right to stay near her bonded and loving father?) any thoughts would be very much appreciated. Answer: Allow me to preface my answer with the statement that I am not licensed to practice in Massachusettes. You need to stay focused on what is in the best interests of the children and why it would be best for them to move. Also focus on your relationship and involvement with the kids. This will be very important.
Question: My ex-wife is selling the home and moving, with children, to a new, bigger, more expensive place with her boyfriend. She plans to permanently live there but not get married in order to continue to receive alimony. Other than simply being unethical, can I do antthing about it in the state of MA if its not in the divorce agreement? Answer: I cannot answer your question specifically to the laws of MA as I am not licensed in that State. Generally, maintenance (alimony) is modified upon a showing of a substantial and continuing change of circumstances. The basic idea of maintenance is that she cannot meet her reasonable needs and expenses. You can attack that claim on the income side or that her expenses are unreasonable. If she has a boyfriend residing with her, he must be sharing the expenses. Her mortgage and utilities should be cut in at least half depending on the boyfriend's income. You can also look a the income side. Some jurisdictions place a burden upon the person receiving maintenance to make reasonable attempts to progress toward self-reliance. I would assume that your ex-wife is not working? Finally, some jurisdictions consider a cohabiting person to be in a similar situation as a married individual and will terminate maintenance automatically.
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