Legal Question in Family Law in Massachusetts

Re: college tuition

This is a tough case. In my opinion, this is improper hiding of assets. However, I have had a judge disagree with me in a case in which the activity was fairly blatant. The judge's view was that the new couple had the right to hold property as they wished, and that this was somehow interference in that right.

Nonetheless, you can and should seek to investigate fully through a proper action on modification. You will likely need an attorney's help to investigate the assets and how they are held. if you can demonstrate the pattern of moving the assets, a judge can remedy this by (at the very least) mandating a higher weekly child support amount than would normally be ordered, and ordering it by wage assignment.

Re: college tuition

You should check the language of your separation agreement to see whether he has the obligation to pay for the child's college expenses.

Normally, each parent pays 1/3 of the college expenses and the child picks up the other 1/3. You might have it phrased differently in your separation agreement.

Generally speaking, you cannot go after his wife for support of your child. She has no obligation to provide anything for your child. If you think he is hiding money, you could either ask for a modificiation of child support and try to get his income tax returns to see how much he's making and compare that to what he claims he has.

Re: college tuition

If you can prove that he is hiding assets, then you can go after them. You can also file for criminal contempt, and the sanctions include jail.