Stephen F. McDonough’s Answers

Stephen F. McDonough

Medfield Divorce / Separation Lawyer.

Contributor Level 9
  1. Can I gift my bonus to my daughter before I get divorced?Haven't filed yet,wife took$already in bank,don't want here to take all

    Answered over 4 years ago.

    1. Stephen F. McDonough
    1 lawyer answer

    Hello: Since it sounds as though nothing has been filed, then you would not be in violation of anything from the court's perspective if you gifted the bonus; but by gifting the bonus, I am not sure what you think you are accomplishing by gifting the money. A bonus is income and treated no differently than regular earnings, so when you get divorced and complete the mandatory court financial form, the bonus income must be reported. If you gift it out, it will not be as though the money did...

    1 lawyer agreed with this answer

  2. Marital Property dispute as the real estate value.

    Answered over 4 years ago.

    1. Stephen F. McDonough
    1 lawyer answer

    Hello: I suggest that you contact the appraiser and point out the mistakes on the appraisal and ask the appraiser to update and correct the final appraisal report. If you are considering the town's assessed value as an appraisal or the fair market value, be careful. Assessed value can be far off from the actual fair market value. Also, the current real estate market can make it tougher on appraisers, and I have seen more disparities in appraisals than was the norm in year's past....

    1 lawyer agreed with this answer

  3. I received a settlement in a medical malpractice case, can my wife claim any of it, we just started divorce proceedings.

    Answered 6 months ago.

    1. Erik Hammarlund
    2. Joseph Jonathan Brophy
    3. Steven Kelsey Hemingway
    4. Joshua N Robbins
    5. Stephen F. McDonough
    6. ···
    6 lawyer answers

    When it comes to the dividing property at the time of your Massachusetts divorce, the short answer is that all property is subject to division, no matter the source or origin of the property. On top of that, there are many factors a judge will consider to make an equitable division of all property and debts if the parties are unable to agree. Remember that equitable means fair, not equal. An equal division may be fair, but not always. I attached a link below to the MA statute c. 208 sect....

    1 person marked this answer as helpful

  4. Legal age in MA to refuse spending parental time with non-custodial parent.

    Answered over 4 years ago.

    1. Sam Schoenfeld
    2. Stephen F. McDonough
    3. Bernadette Stark
    3 lawyer answers

    Hello... Barring some type of significant issue with a parent, such as abuse for example, keep in mind that children do best when they have good relationships with BOTH parents. Although your child may not want to visit with one parent, it could be more beneficial in the long run to encourage the 14 year old to spend time with the "other parent." Also, I would suggest you encourage the child and perhaps both parents (not necessarily together) to meet with an experienced mental health...

    1 person marked this answer as helpful

  5. My ex wife has taken all equity out of our house.making her unable to pay me what i put in. what can i do?? what am i entitledto

    Answered over 1 year ago.

    1. Karen M. Buckley
    2. Anton R. Reinert
    3. Melissa Anne Levine-Piro
    4. Stephen F. McDonough
    4 lawyer answers

    As mentioned in attorney Buckley's answer, your ex may have violated the terms of your separation agreement. I suggest you take your agreement to a divorce/family law attorney and go over the language in the agreement regarding the house with a lawyer. Hopefully, your agreement was drafted carefully regarding the disposition of the real estate. If the agreement (or the court's order) was violated by your ex, then normally your lawyer would file a Complaint for Contempt. I would not wait...

  6. Is adultery a crime in Massachusetts?

    Answered over 4 years ago.

    1. Karen M Duffy
    2. Andrew Daniel Myers
    3. Stephen F. McDonough
    4. Henry Lebensbaum
    4 lawyer answers

    Andrew's answer is correct, but I am wondering if the legality of adultery is really your issue? If you are contemplating divorce, then some people try to make a big issue out of infidelity. Of course, this is an unfortunate situation that can add to the emotions of a case, but conduct issues such as this are frequently not that major of an issue in divorce cases in MA. Exceptions, of course, exist. If one spouse wastes considerable assets on a new significant other then the other party...

  7. Obligation for step daughter

    Answered over 4 years ago.

    1. Henry Lebensbaum
    2. Stephen F. McDonough
    2 lawyer answers

    Hello: Based only upon the small amount of information you provided, I think your chances of recovering the funds you borrowed to help your step-daughter are slim. Of course, getting more detailed info about your case would be helpful in order to provide actual advice. You can still proceed with your child support contempt and modification case. Seems to me that this issue is completely separate from the money you gave to your step-daughter. Good luck with your case.

  8. Divorce

    Answered over 4 years ago.

    1. Joseph K. Chancellor
    2. Stephen F. McDonough
    2 lawyer answers

    Retirement assets are generally subject to an equitable division at the time of divorce. The division of property in MA must be equitable, and it is not uncommon that retirement assets are equalized, but that depends on the circumstances of your case. Also, the length of your marriage can be a factor. If you were married a short time, then it would not be typical that you would receive substantial retirement assets. For a longer-term marriage, you may receive 50% of the retirement...

  9. Can a divorce be reconsidered due to strong evidence of fraud and hidden assets, just discovered?

    Answered over 5 years ago.

    1. Stephen F. McDonough
    1 lawyer answer

    I don't practice in WA, so you should consult with a WA attorney for specific advice on your situation. Generally speaking however, if you have a divorce agreement that covered the distribution of your marital property, then it is likely that you could return to court. In my state, most - if not all - agreements contain language that each party has made a full and accurate disclosure of their financial assets and debts, etc. You may want to review your agreement if you have one and see what...

    3 people marked this answer as helpful

  10. Can my husband legally drop me from his health insurance even though we are not divorced we are just separated.

    Answered over 4 years ago.

    1. Karen Ann Ulmer
    2. Stephen F. McDonough
    2 lawyer answers

    Hello: I do not practice in PA, so I am not sure of the answer to your question. IT is one of my favorite states however! In Massachusetts, this would not normally be allowed by the courts once a divorce has been filed, but you have not filed yet. Although you should meet with a lawyer, you could also consider calling the insurer directly and see what is required to be reinstated on the policy. I would also contact the state office that handles insurance and ask them what the rules are...

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