Donald Lloyd Pitman's Answers

(Mass.) Ex-spouse claims that he never receives the checks I've made through online bank payments to split child-caring costs.

Realistically, you should be able to produce the copies of the screen shots to make sure that the payments have been received. The DOR system will not allow you to make voluntary payments for child related expenses as you are suggesting. Therefore, a screen shot showing the money was sent via electronic transfer to his account may be the best you can get. Be sure to bring everything with you to your contempt hearing and be sure all of the numbers match up.

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Exact meaning of shared legal custody

Shared legal custody means that both parents have the right to access for information about the child, as well as decision making authority regarding the "big" issues regarding a child. Mom has no obligation to give Dad reminders so long as she advises him in the first case about an appointment - she isn't a secretary - but Dad should definitely be first after Mom regarding who to contact in the event of an emergency. While it isn't clear which role the poster is - Mom or Dad - the...

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What happen in a pre trial? trial? what happen if we do not agree before that?

Your best bet, as mentioned before, is to drop the adultery and try to deal with the basic issues regarding the divorce. All property can be considered in an action for divorce under G.L. c. 208 s. 34, meaning that the Colombia property can be considered in a division of the marital assets with or without actual jurisdiction over it. I would suggest you contact a lawyer because your situation is getting more and more complicated. A lawyer will help you get things clearer.

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Will judge order father to split cost of extra curricular activites?

Generally, a judge will order any agreed upon activities to be divided equally unless there is a significant disparity of income AND so long as the cost is reasonable. If your child has always done the activity both before and after your separation, the likelihood of the judge ordering the cost be split is higher than if it is a new activity (or a very expensive activity.) However, if you decide to enroll a child in an activity that takes place on the other party's parenting time or if the...

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Clarification re: health Insurance as part of divorce.

If there is a difference in cost between an "individual and child" and "family" plan, you would typically have to pay for that difference. However, you can make an argument that if he has no option other than an individual plan and a family plan, there is no cost to him. Including it as a separate exhibit is common and I wouldn't construe anything negative about it. That being said, you should retain an attorney to make sure you are protected.

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Assets in separation agreement

Another option you have is to contact the credit reporting agencies and send a letter explaining the damage to your credit report. Unfortunately, this is becoming more and more common, and the only action you can take at this point against your ex-husband is to file for contempt and seek the funds back that you may have to pay for the reposession of the car, as well as your attorney's fees. I would not file for bankruptcy at this point in time, as the damage to your credit caused by the...

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Is this considered a short term marriage, or is this considered a longer term marriage, allowing a 50/50 property division

You would be eligible for alimony under the new Alimony Reform Act for 60% of the months you were married; the time you cohabitated would also count. Whether or not he can pay spousal support to you will depend upon many factors, including how much he earns. Keep in mind that the first $250,000.00 that he earns in any year will not be counted toward any sort of alimony obligation...therefore, if he only earns 100K per year, you would not be able to receive alimony from him. That being...

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Is it fair for me to have pay child support and also have to pay for college expenses?

You certainly have the right to petition the Court for a modification of your present support order. It's likely that your divorce agreement will discuss how college expenses should be allocated, but if not, it definitely should get before the Court. This is an issue that is coming up more and more in cases as the costs of college are skyrocketing and payor parents are finding themselves having to come up with significant funds in order to pay their child support and college obligations. I...

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How much of my joint asset money can I spend on an attorney and on personal expenses

I would agree with the other answers you have received, but you can also ask the Court for a pretrial advance distribution of the assets in your estate if you have enough of them. Generally, a Court will allow you to do this if the other side has spent money without permission (before the divorce) or if you will need money for attorney's fees or experts. However, you should definitely consult with an attorney before taking these steps.

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My 23 year old daughter just moved out on her own. my 18 year old son legally lives home with his mother

Presuming that you are asking about emancipation and child support, your eldest would be considered emancipated and you should go to court in order to terminate your obligation to pay support. Your 18 year old's status is questionable as he may still be considered principally dependent upon the other parent. You should consult with counsel to obtain assistance.

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