Legal Question in Family Law in Massachusetts
after 11 yrs-grown child/no child support
Divorced 11 years ago. Both children grown - child support ended.
After remarring, my company notified my ex that she would have to get her own health ins or use the colbra they offer & pay.
She wrote the divorce herself, I paid support w/out questions, only took small portion of house equity, now she served me w/court paperwork reading she cant afford health ins ~ because I make well more in income than her I should be still paying for her.
I live in Ma, she lives in NH. Will I have to pay for her?
3 Answers from Attorneys
Re: after 11 yrs-grown child/no child support
Where was the divorce finalized - MA or NH? If in MA, did she serve you with a Complaint for Modification or Complaint for Contempt?
With either complaint, you will have to go in front of a judge so that the judge can hear both parties. A large part of it will hinge on what was written in the Separation Agreement. If the separation agreement is silent on the fact (which it might be since neither parties hired an attorney), then the judge will decide.
Feel free to give me a call if the case is being heard in Massachusetts.
Re: after 11 yrs-grown child/no child support
I have an additional question to that of the prior attorney: WHO REMARRIED? If you did, and alimony/support terms are modifiable, under Mass. law you -might- have to afford insurance, though I think it questionable. If SHE remarried, Mass. law presumes that she has chosen a new spouse and should get support from him or her.
I give no opinion about NH law.
Re: after 11 yrs-grown child/no child support
Retain an attorney in the state in which the divorce was granted to review the separation agreement and divorce judgment and to represent you on her complaint whther it is for a modification or for contempt.