What happens when the original judge leaves and you are assigned a new judge after your divorce decree is final?

Asked 8 months ago - Concord, MA

I have filed and been served with contempt for not paying my share of my college students education. I contend that I have paid but cannot find definition original judge has left and is no longer in the state of MA. How do I get clarification on issues? My divorce states that I am responsible for post secondary education expenses but I cannot find what defines this term in Mass? The new judge states she can not rule on the previous judge ruling but some issues are very unclear, such as division of retirement benefits, as a federal employee I cannot change my ex, I must leave him as the beneficiary but again he is not required to leave me as beneficiary because my divorce does not state so even though the current judge told us to work it out and it was a long term marriage over 25 years

Attorney answers (4)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Usually, the post secondary education expenses are described with specificity in the divorce agreement/judgment. However, if they are not, they include expenses related to the college student's enrollment and what usually appears on the college/university bill. Contempt can only enforce the order that is clear and, if the original judgment is not clear, the court may not be able to enforce it. Seek legal assistance and consultation with an attorney to see the exact specifics of your divorce judgment and how they help/affect you. I hope it helps and good luck!

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Gabriel Cheong

    Contributor Level 16

    2

    Lawyers agree

    Answered . It shouldn't matter who your original judge was. The details of your obligations should all be written in your Separation Agreement or Judgment of Divorce.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  3. Estela Matta

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . Where is the divorce judgment or settlement agreement? That contains (or should contain) all the clarification you should need. It is not the judge that makes the ruling that matters.

    This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this... more
  4. Michael J. Szklasz

    Pro

    Contributor Level 17

    Answered . Post secondary education usually refers to any education beyond a high school diploma. Your attorney should have had this discussion with you and created an agreement that you understood and could therefore fully comply. New judges can rule on actual matters in controversy.

    No attorney-client relationship is created in responding to this question, and advice provided is based solely on... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Decree

A divorce decree is the order a judge will issue that finalizes a divorce after proceedings have ended.

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