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Post Divorce

Discussion in 'Division of Marital Property' started by dgoodhue, Oct 23, 2020.

  1. dgoodhue

    dgoodhue Law Topic Starter New Member

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    Jurisdiction:
    Massachusetts
    My girl friend was divorced in 2015. Her ex-spouse brought her into court in 2019 when she moved in with me to remove alimony and redo the child support payment. He didn't filed the correct paperwork for alimony so it was extended. I worked as an account and I figured out on his paycheck in court that he omitted about $18k of income when using the averages. (I confronted him about his mistake, he BS'd and lied) We also figured out he never distributed the IRA that he had. We met with a lawyer and the lawyer told us what to do and say in court. His alimony was based on child support using OT. The lawyer said to request to use MA Rule 410 (3 years of documents with 45 days of the court date) and submit the court IRA paper to his financial provider, he said we didn't need a lawyer to do that.

    It all seemed fine. Well he sold her part of the IRA and they way it was written in separation agreement my GF gotten a $1400 check. He refuse to turn over his documents and claims he did it right. He is a public employee so I request his income from his town and he was short $22K. I also requested his income for 2015 and he was short $24k. I started looking at the rest of his financial statement. He has a 'home equity' loan that is awfully similar to the camper loan.(one is exact, the other rounded) I contact the bank and it wasn't a home equity as they aren't licensed in MA for them.

    This all of a sudden got really complicated. the lawyer we contacted office has closed and may have retired (he was older) and she has a court case in a week. We prepared statement and exhibits for each of the issues. I am confident she can present the information in organized manner to the judge. MA doesn't have a counter claim for complaint for modification which was filed.

    I started to realize looking through her old paperwork that her lawyer did motions. I am wondering if she should file a motion to include the 2015 and IRA topics with the judge. I really don't know though. The court case is remote on a zoom call. He owes her ~$50k for back child support and assets, so it is not insignificant. I question some of his other assets so we don't want to mess it up.
     
  2. zddoodah

    zddoodah Well-Known Member

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    This appears to be the closest thing to a question in your post, and it's something she ought to discuss with her attorney (assuming she shares your curiosity about this subject).
     
    justblue likes this.
  3. Zigner

    Zigner Well-Known Member

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    You sure are all up in her business...
     
    army judge and justblue like this.
  4. dgoodhue

    dgoodhue Law Topic Starter New Member

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    Yes that is my question. The problem is her divorce attorney retired and she can not get in contact with the attorney she consulted.
     
  5. army judge

    army judge Super Moderator

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    There are 42,926 "licensed" attorneys in the Commonwealth of MA.

     
  6. adjusterjack

    adjusterjack Super Moderator

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    It's probably too late today so I suggest that, first thing Monday, if she can't hire an attorney quickly, she get down to the courthouse and file a motion for a continuance on the grounds that she needs time to find another attorney.

    There are several resources about that in the following search results:

    massachusetts motion for continuance at DuckDuckGo
     
  7. Disabled Vet

    Disabled Vet Active Member

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    Sad deal, The boyfriend digging into this issue. It's like saying he can't man up and take care of a woman like her ex did. So they need the ex money to make it.

    As stated... You can't figure this out on your own. the woman needs to get a lawyer so the two of you will be able to pay your bills.
     
    army judge likes this.
  8. Paddywakk

    Paddywakk New Member

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    Frankly, I'm amazed HIS bank would give YOU information about HIS home equity loan. How did you manage that?
     

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