Skip to main content
Hindell S Grossman

Hindell Grossman’s Answers

63 total


  • How long after pre-trial divorce hearing would a trial start in Plymouth county?

    How long after the pre-trial confernece would a trial stat if only issue remaining is the marital home? Large mortgage outstanding that spouse will not be able to refinance but they will try and delay the sleeing of the house.

    Hindell’s Answer

    Thanks for your inquiry. The answer depends on which judge and the
    scheduling department. The best way to find out is to ask the judge's
    session clerk.

    Regards,

    Hindell Grossman

    Newton & Nantucket

    617.969.0069

    See question 
  • Is the docket number an case number the same on a divorce decree

    just want to know

    Hindell’s Answer

    Thanks for your inquiry.

    The docket number is the number assigned to your divorce case when filed and
    carries with the case through judgment, which I think you are referring to
    when you say divorce decree.

    Regards,

    Hindell Grossman

    Newton & Nantucket

    617.969.0069

    See question 
  • What is the maximum percentage of one's income that a MA court can direct them to pay for child support?

    I am representing myself in a divorce case in MA as I have recently been laid off and cannot afford a lawyer. My unemployment compensation is a mere $400 a week. I already pay $105/wk for my eldest child to another woman. My current wife and I ...

    Hindell’s Answer

    Thanks for your inquiry. My first action would be to use the new child
    support guidelines, which were effective August 1, 2013 and calculate your
    child support, being sure to include the previous child support order and
    any health insurance premium you pay. To complete this exercise you would
    need your spouse's income to include in the calculation.

    The percentage of income for child support is not a fixed percentage but
    varies from case to case based on the relative incomes.

    Regards,

    Hindell Grossman

    Grossman & Associates, Ltd.

    Newton & Nantucket

    617.969.0069

    hindell@grossmanltd.com

    See question 
  • Family Court Child support and visitation. I feel like my lawyer is NOT helping me, what are my options?

    I have a legal divorce in process. The process began August of 2012. Child support was established as well as supervised visitations for my husband to act on. I received support weekly, he neglected to act on scheduling the visitations. June 2013 ...

    Hindell’s Answer

    Thanks for your inquiry.

    I can't tell from your question whether the child support has continued at
    the same amount after he brought the Complaint for Modification, or whether
    it was reduced.

    You didn't articulate any reason that the parenting plan should change other
    than that he did not comply with it for a while. I understand that this is
    confusing for the children to have a parenting plan which is a moving
    target. If your husband does not regularly comply now and you see the
    detriment to the children, the plan can still be modified.

    As for the equity in the house, the amount and timing will likely be
    determined as part of the final settlement, or trial if needed.

    Best of luck,

    Hindell Grossman

    Grossman + Associates, Ltd.

    Newton + Nantucket

    617.969.0069

    hindell@grossmanltd.com

    See question 
  • Going thru a divorce with custody. Husband's behavior is becoming more irrational and I know a therapist is treating him...

    Before our divorce, he would imagine things sometimes and be verbally abusive. Anyway we just got the divorce and I have majority parenting time, he shares legal custody and sees our kids every other wknd just Fri nite. He was diagnosed with O C...

    Hindell’s Answer

    Thank you for your inquiry. There are professionals called Parenting
    Coordinators who help parents to co-parent. This can be done by agreement
    of the parents, or otherwise by a Stipulation filed in court which also
    dictates who pays for the services.

    Regards,

    Hindell Grossman

    Grossman + Associates, Ltd.

    Newton + Nantucket

    617.969.0069

    hindell@grossmanltd.com

    See question 
  • My wife of 22 years is having an affair. Could this have any bearing when negotiating with a mediator?

    We've been married for 22 years. We are not legally separated, but are living in separate places. We've been living apart for 9 months. I have remained faithful.

    Hindell’s Answer

    Thanks for your inquiry. It has some impact on the resolution of your divorce. Typically an affair is relevant in addressing her conduct, neglect of family duties, and especially if marital funds are being used for the affair.

    I would need more detail from you to give a more thorough answer.

    Best of luck.

    Hindell Grossman

    Grossman & Associates, Ltd.

    Newton & Nantucket

    617.969.0069

    hindell@grossmanltd.com

    See question 
  • Would I need to increase my child support payment for my 2 teenagers even if my income did not change? Now I pay 45% of gross

    We've been officially divorced for about a year. My ex who is unemployed, stopped getting unemployment benefits and has no income . As a result, she filed the Court form for child support reevaluation. She has $40,000 received as part of divorc...

    Hindell’s Answer

    Thanks for your inquiry. Based on the limited facts you provided I can't
    see why your child support would increase. In fact, I am surprised at the
    high percentage of gross you are currently paying. The Child Support
    Guidelines were revised as of August 1, 2013. You should use the worksheet
    provided on line and see what child support amount you would owe under the
    new guidelines. You might also argue that there should be an attribution
    of income to your former wife in the amount of her former unemployment
    benefits, at least.

    Regards,

    Hindell Grossman

    Grossman & Associates, Ltd.

    Newton & Nantucket

    617.969.0069

    hindell@grossmanltd.com

    See question 
  • I was married in 1977 and divorced 23 years later. Can I receive part of his social security, 401K, etc.

    I did remarry in 2003. Divorced again in 2010. Am I entitled to a portion of my first husband's social security, 401K or retirement?

    Hindell’s Answer

    Thanks for your inquiry. I believe that since you were married more than 10
    years you are entitled to half of your first husband's social security.

    You can choose to take half of the amount he is eligible for, or your own
    social security, if available. Please contact your Social Security Office
    and have both of your social security numbers handy.

    I hope this helps.

    Hindell S. Grossman

    Grossman & Associates, Ltd.

    Newton & Nantucket

    617.969.0069

    hindell@grossmanltd.com

    See question 
  • How do I ask my verbally abusive husband to leave our marital home?

    We've been married for 3.5 years....but he is very vebally and emotionally abusive....we bought the home together 3 years ago...he most likely will not leave on his own....BUT I don't think I have grounds for a TRO given that he has not "harmed" m...

    Hindell’s Answer

    Thanks for your inquiry. There need not be actual physical harm to secure a
    restraining order, only the threat of imminent bodily harm.

    In addition, the Probate and Family Court has the authority to order someone
    to vacate the marital home, recognizing that divorcing parties are not
    likely to get along well.

    A divorce action would need to be pending for the Court to order him to
    vacate, and a document called a Motion to Vacate would need to be prepared,
    filed and scheduled.

    Good luck.

    Hindell S. Grossman

    Grossman & Associates, Ltd.

    Newton & Nantucket

    617.969.0069

    hindell@grossmanltd.com

    See question 
  • Can I ask the courts to enter a new order for support while my child is in college? My original order expired on his 18th birth

    I live in Florida since 1996, father lives in MA. Where would I file for a new order?

    Hindell’s Answer

    Thanks for your inquiry. I would probably file for the modification in
    Massachusetts. While child support here does continue through college,

    I do wonder whether there was some other concession made at the time of your
    divorce which explains why child support in your case stopped at 18. I
    would need to anticipate the arguments on the payor's side to best answer
    your question. I would need more information to give a more comprehensive
    answer.

    Regards,

    Hindell Grossman

    Grossman & Associates, Ltd.

    Newton & Nantucket

    617.969.0069

    hindell@grossmanltd.com

    See question