Skip to main content
Erin Whelan Pennock
Avvo
Pro

Erin Pennock’s Answers

12 total


  • Parent class for uncontested divorce have child under 18

    My Ex and I are better friends then husband and wife. I don't want child support from him, but people are telling me that he will have to pay anyways. We have been living apart for over a year, and anytime I need anything for our 11 year old the...

    Erin’s Answer

    Sometimes where you are both in agreement on a majority of the issues, you need someone to help draft the Separation Agreement and get the process started. One way this can be done is by hiring a mediator who serves as a neutral and helps you get something together. While the mediator will often advise you both speak with counsel as well, this is often a less expensive way to get the process started. If you wish to speak further, I am happy to discuss. Thank you.

    See question 
  • Can my husband sell our house without me if I am not on the mortgage but am on the deed?

    Husb and I are not happy, husb says we should consider putting our house up for sale and consider divorce. I disagree with the selling of the house part. I am a part-time hourly working mom, we have two children, one in high school child and one...

    Erin’s Answer

    He should not be able to with you on the deed - though your request is concerning that he would contemplate something like that without your involvement. I suggest you speak with a divorce attorney immediately to discuss your options moving forward and I am happy to discuss further if you wish.

    See question 
  • In MA - what would the majority of judges rule on this?

    Divorce in the state of MA. Our agreement states we will split the cost of college 50/50. My ex did not involve me with any of the college selection process. My girls are now attending expensive schools. My ex wants me to pay for 50% of college co...

    Erin’s Answer

    It is difficult to give you an answer on this without seeing the whole Separation Agreement - specifically as whether there is any language concerning the college selection process. If you were not involved in the selection/application process, then you may have an argument that you did not provide your assent and you are right that you may have grounds to modify child support but I suggest you speak with an attorney to discuss your specific situation and the best way to handle.

    See question 
  • Hi, I live in mass and my ex girlfriend took my two kids seven and nine to florida without me knowin

    , I pay child support through dor and am supposed to see them every other weekend, she did this without me knowin, what happens now do I still pay support

    Erin’s Answer

    If there is a visitation schedule in place that she has violated and she left for Florida without informing you, it sounds like you have grounds for a contempt action however would need to review the documents concerning your arrangement. I would advise you speaking with an attorney right away as if she is with the children in Florida for an extended amount of time, you may have a jurisdiction issue.

    Erin Pennock
    Black, Vitelli & Pennock, LLC
    (781) 569-5840 x204

    See question 
  • I live in Massachusetts. My ex has been evicted and currently will not tell me where she is with the kids. What is my next step?

    I haven't been able to get a call or text back in over a week. Today she replied to a text and told me they were no longer in the apartment but wouldnt give me any more details. I was going to file for modification tomorrow anyway since I took a n...

    Erin’s Answer

    You should take action as soon as possible -especially if she is being vague about their whereabouts. It appears a contempt and modification may be possible but it is hard to say without knowing more details concerning the parenting plan and custody arrangement. I suggest you consult with a lawyer.

    See question 
  • What is the language I should use in requesting a motion for continuance to obtain counsel?

    I was served a complaint for contempt in family ct. with a granted motion for short notice. the court date is scheduled for oct. 14 (I was served yesterday) the basis for the contempt is violation of a court order that my attorney never provide...

    Erin’s Answer

    It is very difficult to answer this question without knowing the reason for the contempt action. If it for something extremely time sensitive you may have difficulty getting a continuance. I suggest you contact counsel immediately and get their assistance filing the Motion to Continue.

    See question 
  • MA: Will child support be retroactive from when the modification was filed or when the judge hears the case?

    My daughter just graduated from college, so I filed a complaint for modification to terminate the child support order.; since she is now emancipated as dictated by my divorce decree. I am now waiting for a court date. Will the child support be r...

    Erin’s Answer

    The judge may terminate the order retroactive to the date of the service of complaint on the other parent. It is in the judge's discretion though.

    See question 
  • In a MA Child Support Trial, do both sides need to provide each other any known evidence that they have discovered before trial

    We have just finished a status update court appearance, and during this my ex wives attorney stated she had new found evidence pertaining to me making extra income. We are scheduled to go to trial in 2 months, if my ex wives attorney has found so...

    Erin’s Answer

    The trial order usually states that all proposed documentary evidence at trial needs to be discussed and exchanged prior to the trial date. Your attorney should also make the necessary discovery requests that would include documents such as this.

    See question 
  • After my divorce, can I keep my ex-wife on my health insurance?

    Thank you

    Erin’s Answer

    That depends on your insurance coverage. Speak with your health insurance provider/human resources department and they will give you the information you need.

    See question 
  • Is child support easily modifiable in MA

    We have a separation agreement and I am making less money now and my wife is making more, can I modify the support?

    Erin’s Answer

    • Selected as best answer

    The short answer based upon the information you have provided is yes - however I would need information about the circumstances surrounding the child support order. If child support was calculated pursuant to the child support guidelines and the financial circumstances of both you and your ex-wife have changed since the divorce to change the child support amount owed, then you should file a Complaint for Modification. I suggest you consult with an attorney to discuss your options and how to proceed.

    See question