Legal Question in Family Law in Massachusetts
this is my third try and no one answers me. in my judgment of divorce nisi it says The expectant interest of the Defenddant in the estate of his late mother, valued at 120,000. is to be divided when received, with 45% going to Wife and 55% going to Husband.
Nothing has been done, how do I go after my 45% of these monies????
Caroline
5 Answers from Attorneys
Sorry - we are busy.
"when received" is ambiguous, and usually has more detail. If it has been received, then the solution is a contempt action.
Call with any questions.
You should hire an attorney. The judgment will need to be viewed in its entirety together with the other relevant documents involved. If you have an attorney, call him or her. If you do not have an attorney, please do not hesitate to contact my office to set up an appointment.
Again, you file a complaint for contempt in the probate court and ask them to enforce the judgment or divorce decree. The enforcement is that he pay you 45% of the value of the home or sell it and provide you with 45% of the proceeds.
I would however hire an attorney.
As I noted in a previous answer to this question, based on the facts you state, there appears to be a valid contempt action. As none of the attorneys volunteering their time and knowledge on this site control its operation, I am not sure how to respond to any delays in your receipt of responses.
Please note that you should engage an attorney and seek to have any fees awarded in the contempt, as I previously noted.
The information which you have provided is insufficient to provide a firm answer: the specific langue of the judgment is required. However, it appears that you have grounds to file a Complaint for contempt against your former spouse to obtain the funds that you are entitled to. In the proper circumstances you may be entitled to have the court doer him to pay your attorneys fees.