Irwin M. Pollack's Answers

Quick description: Husband and Wife were married about a little less than 2 years in 2008 and 2009. They have lived separate

Of utmost importance is that you keep in mind that, in Connecticut, the Court has the discretion and power to award to either party all or part of the estate of the other. Whether or not they have lived together, they chose to be married. Based on the debt that the wife put on her home, the court would likely consider this part of the "contribution of the wife" in the acquisition, preservation or appreciation of the assets. The "hard work on the home" is usually considered a valuable...

Selected as best answer

I have been having problems with my lawyer and accountant in a divorce action. both instructed me to deposit money into a bank

If the lawyer acted against your best interst, and even acted to benefit his/herself (versus your best interest as the client) you may have an ethical issue as it relates to the lawyer's conduct. Further, the lawyer should give you documentation related to ANYTHING he/she did on your behalf. As for the bank, if they acted improperly, keep going up the chain manager to district manager, etc.

2 lawyers agreed with this answer

I am in need of a lawyer very skilled at post divorce financial discovery. How can I find someone experienced in this?

Most attorneys will provide an initial consulation without charge. More important, if you have any tangible proof about the hidden monies, it'll help you (and your attorney). Modifications are normally obtained when there is a change of circumstances; moreover, you are entitled to a modification on child support every three years! Good luck.

1 lawyer agreed with this answer

I need a child support lawyer

The action for which you are speaking must have been a Complaint for Modification. Along with that Complaint was probably a "motion" for which there is a specific day and time to appear before the Judge. Call my office and I will walk you through the steps, and if we can help you further, we can take it from there. (781) 461-9800.

1 person marked this answer as helpful

Can a husband divorce a wife even if she does not want a divorce in the state of Mass?

Any spouse can divorce the other -- without needing consent. Think about it: just as two people must BOTH be willing to marry, each must be willing to stay married. If the law required people to stay together, the crime rate would likely escalate! We are not forced to do anything against our will!

1 person marked this answer as helpful

Could i get money back from her or would they look it over payed on child support

Child support orders must be followed to a T. I don't understand -- it looks like there's one "agreement" between the two of you and another "paper" with the court. Child support can't be "bargained" between the parents; after all, think of child support as the CHILD'S money! if I can help you further, please feel free to contact me.

If i have a signed/notarized separation agreement which we both signed, can my case be settled at the Case management conference

Normally, the Judge will want to have the two of you "appear" before him/her so that they can ask you the normal questions: "Do you understand? Is this a fair representation of your finances," etc. In some cases, a Judge may allow a phone conference if there is some hardship and the other person can't appear. If your spouse is nowhere to be found, there's also "Notice by Publication" whereas you go OVERBOARD putting the world (and your spouse) on notice that you are attempting to get...

How do I modify my separation agreement in MA? How does the process work as we are in agreement to the change.

What you need to do is file a Complaint for Modification. Here, if there has been a material change in circumstances the court may allow it. Moreover, if the two of you agree to modify said Agreement, the court freely allows such changes. Just make sure that you go through the steps of having it entered as an order -- or let it "go to judgment." Given that both of you want this, the court has no reason NOT to allow it. Good luck.

Can a parent sue for child support once their child has turn 18

Children have a right to be financially supported by both of their parents. By statute, child support ends at 18 years old, unless that child is principally dependent/residing with the "custodial" parent; if that's the case, support goes until the child is 21 years old. If they are full time students, support stops after 23 years old. The new Child Support Guidelines, however, address that any support following a child's 18th birthday is subject to review by the Court as to what the purpose...

I been separated for six months, i want a divorce can i file for one and will it cost if yes how much?

If you choose to file a contested "Complaint" for Divorce, the fee is $215, but there is also another $5 charge for the summons itself (you'll need to take the Complaint and have it served with the summons). It really doesn't matter how long you've been separated...just make sure that you and your spouse have lived in Massachusetts for at least a year.