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Alan J Pransky

Alan Pransky’s Answers

289 total


  • When filing bankruptcy in Massachusetts can Department of Revenue arrears (child support arrears) be listed?

    Got custody of my son approximately 5 years ago. Was told amount of arrears was $13,000.00. Called Department of Revenue recently to try to work it out with them and was told amount owed was approximately $100,000.00. Don't know what to do about t...

    Alan’s Answer

    Although child support is not dischargeable, you should list it. It is a priority debt and failure to list it can create problems. Bankruptcy court may treat the debt different from the interest and the penalties.

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  • What info should I include upon filing a contempt of court. I was refused time with child on 7/4 holiday as per judges order

    On April 29 I was in Cambridge Family Court for a trial custody. The judges order included that I am to have access on every holiday for a minimum of three hours. I received a text message from my son's mother explaining that she is not giving int...

    Alan’s Answer

    A complaint if notice of the basis for a lawsuit. It is not a way to present evidence. You should not attach the text to the complaint because the text is evidence. You should make copies of the text and bring it to court for the contempt hearing.

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  • I live in MA and own my own home. My husband left and I changed the locks after no contact for a month. Did I do the right thing

    We had not been getting along for awhile and I was the sole provider for the family for the past 5 years. I don't want him taking things in the house that he has not paid for or are not his. He has had very little contact with me since he left the...

    Alan’s Answer

    In the absence of a court order, you have the right to change the locks. However, your question is not if the have the legal ability to change the locks but is it the right thing to do. The answer to your question relates more to the relationship between you and your husband rather than legal rights. Do you want to stay married? Do you want this man out of your life? Changing the locks and keeping him out of your house can harm your relationship. If you want to reconcile, then changing the locks may not be the "right" thing to do. On the other hand, if you want to get divorced, then this is the right thing to do.

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  • If my fiancé and I buy a house together, will his exwife have any rights to it if he cannot pay child support or passes away?

    We live in Massachusetts and my fiancé is the noncustodial parent to one child who spends about one third of the time living with us. Neither of us make very much money as teachers and I'm unsure that I could get a large enough mortgage loan in o...

    Alan’s Answer

    The ex-wife can't increase child support because of the purchase of the real estate. Child support is based on income and not on assets. If he doesn't pay child support, then the ex-wife can bring an action to obtain child support from his share of the real estate. If he dies before you and the nature of the ownership of the real estate includes the right of survivorship, then upon his death, you will be the sole owner of the house. The house won't be part of his estate and therefore can't be touched by his ex-wife or any other creditor. If you die before he does, then the ex-wife can go after the house if he doesn't pay the proper amount of child support.

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  • How do they calculate time of marriage for child support and alimony payments

    do they calculate from time of wedding to filing of divorce, or is it time of wedding till divorce is finalized

    Alan’s Answer

    The simple answer for alimony is that it is periods of cohabitation. Generally this is from date of marriage until date of separation. However, periods of cohabitation prior to marriage may also be included especially if there was economic interdependence during the cohabitation.

    Child support is not based on length of marriage.

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  • Child support after retirement.

    I have a child support order to pay $90/week to my ex-wife. Recently, I retired, and I now receive Social Security retirement income. A letter came in the mail the other day informing me that part of my Social Security income was going to my ex-wi...

    Alan’s Answer

    I can't be certain what is happening unless I look at the paperwork and talk to you in person. Having said that, it sounds like the $120 per week that you say is coming out of social security is actually the $90 per week that you are suppose to pay. Your child support obligation can't change unless a judge makes an order. Before this happens you would be served with paperwork and be given an opportunity to appear in court. So you should only be paying $90 per week in current child support. However, if you were not current in child support, it is possible that the amount that is being paid is $90 per week in current child support and $30 per week towards the arrears. Department of Revenue can garnish money from Social Security to pay arrears without an order from a judge. If this is the case, you do not need to pay the $90 out of pocket and the $120 garnishment. You should have received paperwork from both Department of Revenue and Social Security Administration that explains the $120. I suggest that you take all of the paperwork and talk to a family law attorney who can then give you advise.

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  • Is this considered a conflict of interest?

    Part of my divorce settlement was that myself and my ex wife would have access to the therapist that my kids were seeing in order to establish regular visitation rights (I was previously on supervised visitation). After working with their therapi...

    Alan’s Answer

    The agreement requires the two parents to agree on a therapist. Since you did not agree, the children should not be seeing this therapist. Although a judge could look at the selection of this therapist on the basis that the choice will have to be made by the Judge and decide that this therapist is acceptable, many judges would not consider any therapist selected by your ex-wife unilaterally. You can file a contempt. You may also want to notify the therapist that she is not to see the children because of the terms of the agreement were not carried out. You may wish to provide the therapist with a copy of the pages which have the provision. It could be considered that the therapist who is likely to have had a personal relationship with Mother is not an appropriate therapist.

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  • Can alimony be changed after retirement age

    Married 37 yrs. divorced 5 Spouse income sources haven't changed since divorce. And won't SS and Va Has also remarried So added income for new spouse

    Alan’s Answer

    The answer to this question depends upon a number of factors. The first thing that should be done to answer this question is to look at the divorce decree and, if applicable, the separation agreement along with the financial statements from the time of the divorce. You should consult a lawyer and show the lawyer these documents.

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  • Does my sister have to pay child support to her ex husband since her kids are in there twenties?

    She is afraid to get a job because she thinks her ex will take money from her for child support but i don;t think she has to pay because her kids are both in there late twenties! I would appreciate an answer, Thank you!!!

    Alan’s Answer

    • Selected as best answer

    Under the statute for child support in Massachusetts, all child support stops at age 23. The statute does not have any set of circumstances that allows child support after age 23.

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  • How can I.change my sons lastname?

    Hi my son is 3 and has his fathers last name. His fathers name is on the birth certificate and I want to know will I be able to get a court order for a lastname change and if so whats the price range on that and.how long is this process?

    Alan’s Answer

    The easiest way is to ask the father to sign his assent to a petition to change the name. If he objects and wants to oppose you in court, you may not be able to change the name. My experience is that if the father has any involvement with the child (pays child support, visits the child once a year, sends a birthday card or gift) then the court is not likely to allow the name change. Since the father must be notified, it may not be worth your while trying to change the name unless the father agrees. You should consult a lawyer to find out about cost.

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