Legal Question in Family Law in Massachusetts

Alimony Question
What is a public charge? The mediator said that he needs something to survive on even though his income was quite substantial and she waved it that neither are entitled to it. The woman was not working at the time with 3 small children at home and at that time had no income coming in of her own. The mediator assumed the woman could go back into her health profession only to find out later that I am not grandfathered too many years had passed and would have to go back for my Masters to acquire the license back. Car accident has left permanent damage to lower extremities......Mediator also gave us a paper saying she is not an attorney nor does she claim to be one blah blah blah.....

Asked on 4/04/09, 8:16 am

4 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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Re: Alimony Question

This is a claim that without some help, the person is going to rely on state or federal support.

Do you understand?

Answered on 4/04/09, 8:27 am

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Gregory Lee Gregory P. Lee, Attorney at Law

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Re: Alimony Question

It appears that you made a bad legal decision based on a non-lawyer's misunderstanding of the law. You then did not get an attorney's second opinion on the mediated agreement before proceeding. You now face an undesired consequence.

This is a tough one. I have sympathy for the situation you are now in. However, it will be difficult to get the underlying agreement overturned as such.

A public charge is a welfare recipient. As a simplified explanation (NOT TO REPLACE A FULL CONSULTATION WITH AN ATTORNEY), if you are receiving only SSI (need-based payments to a disabled person) and not SSDI ("insurance"-based payments) you are a public charge.

I would be happy to consult privately. However, I cannot tell you that it will be easy for you to get alimony.

Non-lawyer divorce mediators should not be allowed to practice, in my opinion. They don't understand this field in the way a divorce litigator does. If this non-lawyer mediator has some kind of professional insurance, you may want to discuss this with an attorney who handles malpractice cases. However, your right to get a second opinion from a lawyer before proceeding (something which you SHOULD have been told to do) may make recovery difficult.

Answered on 4/04/09, 8:43 am

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Gregory Lee Gregory P. Lee, Attorney at Law

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Re: Alimony Question

By the way, the FIRST question here is, did the agreement survive and have independent legal significance as to alimony, or did it merge into the judgment without surviving? My answers to this two-part question assume a SURVIVING agreement. If your agreement MERGED in full, you certainly have a basis to seek alimony now, based on a mere material change in circumstances.

Answered on 4/04/09, 8:48 am

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