Gerard A Cyr's Answers

If my ex husband is on unemployment in Mass. Can he modify the amount or do I still recieve 33 %. He also pays for another child

Your Husband will not be entitled to reduce your support until there is a full hearing before the judge who originally handled your case. Your approcah should be to argue that his unenemployment is temporary, and if he has assets, to argue to the judge that he should use his assets to continue to pay you support. You should also demand evidnece that he is infact engaged in an active job search. Another approcah is ato argeu that his unenployment is temporary and that if the court sees fit to...

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Massachusetts Supplemental Probate Court Rule 410

In all matters involving any financial issues, for instance post judgment proceedings for Modification or Contempt, both parties are required to file full & complete financial statements & provided a signed copy to the other party. If you are unable to obtain the other party’s financial statement, file a motion to compel with the court. That motion will be granted and the other party may be sanctioned or ordered to pay your attorneys fees for drafting, filing and presenting the motion. Keep...

In a Massachusetts divorce, a woman is entitled to a a % of communal assets. Is it the value at date of separation or divorce?

A party is not automatically entitled to a fixed percentage of the marital estate. The result in each case is largely fact driven. In a long term marriage the presumption is 50/50. In shorter terms marriages the nature of the asset division may be much different, However, in all cases the court looks to the “contribution of the parties”. In your situation it may be possible to argue that the valuation date for your business should be the date for separation, if the separation ahs been a long...

Is a 'Quitclaim Covenants' deed a legal document? If so, what effect does it have in a divorce?

If you are married, the state of the title of any asset is irrelevant in a subsequent divorce proceeding. The law, General Laws Chapter 208 sec. 34, entitles the court to assign marital assets without regard to title, time of acquisition, etc. Essentially everything that you & your spouse is “on the table” for asset division purposes in a divorce proceeding. The primary criterion for division of assets in a divorce case is “the contribution of the parties.” The application of that concept in a...

Does a mortgage note override a judges order in a divorce decree? Can I expect credit agencies to change bad info regarding me?

If your divorce judgment specifies that your name is to be off the deed that doesn’t help you as it should provide that your wife is to make arrangements to have your name taken off the mortgage. The only way that could be accomplished would be for her to refinance. Mortgage underwriters have been know to “lend over” a previous mortgage when provided with evidence that that divorce judgment assigns sole responsibility to one spouse & relieves the other of any further responsibility. However,...

Can a future wife be replaced as benaficiary on her future husbands pention & the ex-wife be completly removed without any pymts

The answer to your question is completely controlled by the explicit terms of your future husband's separation agreement with his ex-wife. If the agreement specifies that the ex-wife is entitled to some of his retirement benefits, then there’s nothing that can be done, with the possible exception of re-negotiating the agreement with her. The answer to the insurance question again turns of the explicit terms of the separation agreement. Many agreements provide that a husband is only obligated...

Can an agreement be made to wait 3 years after divorce to settle a division of property.

The short answer is that you can agree to almost anything in a Separation. Agreement. In order to provide meaningful advice more facts are required: are you waituing 3 years to divide all the assets? what are the assets? what is the valuation date for the assets? What is the reason for waiting three years? Will the assets be insured against risk of loss? Is security being provided? etc.

Going through a divorce and wife is still in house she hasn't paid mortgage in 4 months and I'm worried the bank will foreclose

I would need much more information before I could offer useful advice. If "going through a divorce" means that you've already been to court for initial temporary orders, responsibilty for paying the mortgage would have been determined at that time and reduced to an enforcible court order. If you haven;t been to court yet, you may very well need to go very soon to have a Judge determine who should be paying the mortgage and any other "status quo" issues that need to be decided. You should seek...

Divorce or separation

It’s difficult to provide an answer to your question without much more information. However as a general proposition, the law views marriage as a partnership and generally after a marriage which exceeds approximately 5-8 years presumes that assets should be divided on a more or less equal basis. In most situations, conduct (living with another man) has very little impact on how assets are divided unless the conduct has economic consequences. If you wish to discuss your situation in more detail,...

My ex owe's $38,000 he wants to move to Brazil can't get a green card unless I sign off all the $. Has not see son in 6 yrs help

My advice is that, at a minimum, you should do nothing to help him move unless & until he pays you the back child support that he owes you. If he heeds your signature this is an opportunity for you to collect the money he owes you, plus interest, and to set up an enforceable mechanism for you to collect future support payments.