Marcia J Mavrides’s Answers

Marcia J Mavrides

Boston Divorce / Separation Lawyer.

Contributor Level 13
  1. I was married two years NO kids, Got divorced and signed a document to push through the divorce awarding my ex several k.

    Answered almost 2 years ago.

    1. Marcia J Mavrides
    2. Howard M Lewis
    3. Daniel Seth Williams
    4. Henry Lebensbaum
    5. Christopher W. Vaughn-Martel
    5 lawyer answers

    The answer depends on the language of the divorce agreement you signed, which should be reviewed by an attorney. It also depends on whether the amount you have to pay is part of a division of assets or payment of alimony. If you have money in an account, then the court could determine that you have a source of money for payment- even if it's partial payment. Thereafter, you could be placed on a payment plan. Again, depending on the language of your separation agreement and if your payments...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How do i proceed with a divorce if i do not know where my estranged spouse is?

    Answered 5 months ago.

    1. Marcia J Mavrides
    2. Philip W. Mason
    3. Michael J. Szklasz
    4. E. Alexandra Golden
    5. Jessica M Walsh
    5 lawyer answers

    You may proceed by filing a complaint for divorce in the probate and family court of the county where you live if you no longer reside at the address you last lived as a married couple. You may be eligible to file under the fault ground of desertion or no-fault ground of irretrievable breakdown. As part of this process, you would file a motion (a request to the court) requesting alternative service of the divorce complaint by publication in a newspaper or other means. It is in your best...

    10 lawyers agreed with this answer

  3. Can I change a court agreement and claim my daughter on taxes every year?

    Answered 5 months ago.

    1. Marcia J Mavrides
    2. Leila Judith Wons
    3. Michael J. Szklasz
    4. Timothy J. Connors
    4 lawyer answers

    You should file a complaint for modification- either separately or as a counterclaim to his complaint for modification requesting that the alternating dependency exemption claim be terminated. Once this is done, then you would be able to claim your child as a dependency exemption on your federal and state tax returns every year. You may also request a modification of the parenting time. I suggest you have your court documents reviewed by an attorney before filing any paperwork, to ensure...

    10 lawyers agreed with this answer

  4. My boyfriend is going through a divorce and his wife's attorney just subpoenaed me to provide my bank statements.

    Answered 5 months ago.

    1. Marcia J Mavrides
    2. Keith G Langer
    3. Howard M Lewis
    4. Steven Kelsey Hemingway
    5. Michael J. Szklasz
    5 lawyer answers

    The relevance of your information should be balanced against your right to privacy. Clearly, if you have a joint account with your boyfriend it is discoverable. Whether you are living together may be a factor in this consideration. However, you are not a party to the action and have rights to privacy. You should consult with an attorney who may need to file with the court a request for a protective order so that your private bank account numbers and social security are protected from...

    9 lawyers agreed with this answer

  5. In Massachusetts, how are family pets typically handled during a separation/divorce?

    Answered almost 2 years ago.

    1. Marcia J Mavrides
    2. Alan J Pransky
    3. Henry Lebensbaum
    4. David Alexander Browde
    5. Jayson Lutzky
    5 lawyer answers

    The issue of how to allocate custody of family pets has been a difficult one for the courts to address. Currently, pets are treated as property and subject to division, as many other marital asset would be divided. Recently, a new state law was enacted and became effective on October 31, 2012, that gives judges the authority to award possession of the pet to the victim of a 209A restraining order. Under this law, the judges can order that the abuser refrain from abusing, threatening,...

    9 lawyers agreed with this answer

  6. New alimony laws - Are child support and alimony now mutually exclusive?

    Answered almost 2 years ago.

    1. Marcia J Mavrides
    2. Kenneth P Doherty
    3. Karla Mansur
    4. Howard M Lewis
    4 lawyer answers

    The short answer is yes: child support and alimony can be awarded concurrently. However, the income used to calculate child support should not be used to calculate alimony- so there is not a "double dip". In other words, if the payor earns $150,000.00 per year, then child support could be calculated on the first $100,000; alimony could be calculated on the next $50,000. If the combined earnings between the parents is $250,000/year or less, then the maximum child support is calculated on...

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  7. Do I need a divorce lawyer?

    Answered 5 months ago.

    1. Marcia J Mavrides
    2. Howard M Lewis
    3. Estela Matta
    3 lawyer answers

    This is a matter that involves both divorce and immigration law. First, you should determine with an immigration lawyer your legal status and how that will be effected by divorce. The issue of Massachusetts having jurisdiction over your divorce depends on residency requirements. One of the spouses must be a resident of the Commonwealth of Massachusetts if the grounds for divorce occurred in Massachusetts. If the grounds for divorce occurred outside the Commonwealth of Massachusetts then...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. How do I Change a divorce agreement if we don't agree on the change

    Answered 13 days ago.

    1. Marcia J Mavrides
    2. Tracy D. Galloway
    3. James Ostendorf
    4. James Thomas Jones
    5. Lisa Ann Ruggieri
    5 lawyer answers

    It is difficult to analyze the language of your divorce agreement without actually reading and analyzing the language and confirming whether that language is subject to modification. You should consult with an experienced family law attorney to meet with you to review the situation and specific terms of your divorce agreement to determine how best to proceed. Your question does suggest that the ability of your ex wife to refinance is a requirement for refinance and that is a fact driven...

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  9. I have been going through a divorce since 11/12 . I received temporary order for Spousal Support.

    Answered 7 months ago.

    1. Marcia J Mavrides
    2. Henry Lebensbaum
    3. Joshua N Robbins
    3 lawyer answers

    The language of the court order and the fact that you are filing separate tax returns will determine the answer to your tax question. Generally, if you are filing separate tax returns- married filing separate- and the court order identifies your support as alimony- then you should be paying income taxes on the support amount. If the payor- your husband- deducts this amount from his income, the IRS will look at your return to ensure that you paid the tax. This issue becomes even more...

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  10. Do child support payments have to go thru DOR

    Answered about 1 year ago.

    1. Marcia J Mavrides
    2. Julie Court Molloy
    3. Kathleen Ann Black Reynolds
    4. Henry Lebensbaum
    4 lawyer answers

    Attorney Molloy's answer is correct. I would only add that in either situation- direct payments to your ex-spouse or DOR involvement-- it is very important that you keep track of any amounts you make to your ex-spouse. You should not pay by cash without her giving you a receipt that includes her signature acknowledging the date and amount of cash you gave to her. Otherwise, if there is a conflict later on, or she "forgets" payments you made to her in any future contempt proceeding for non-...

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