Legal Question in Family Law in Massachusetts

Re: divorce

Alimony in Massachusetts is based on a two pronged analysis, the Need of the aprty receiving it, and the Ability to pay of the other party. It appears that your ex-husband will look to modify the Alimony based on a substantial change in circumstances related to the second prong of the analysis. In matters involving privately owned businesses, analysis of revenues will be a relevant factor. If you contact our office, we can discuss your husband's business records and claims of lost revenues and whether that would impact the alimony.

Re: divorce

I agree with Weicker.

It does seem strange that the earnings should drop as quickly as your ex asserts.

It sounds like your ex seems to have had a change of heart. As Weicker says manipulation of earnings is always a possibility. Maybe your ex knows that you are not as experienced or do not have the resources or motivation to fight him should he file a complaint for modification.

In a complaint for modification, your ex would have to assert a "material" change in circumstance. This would involve both what he knew at the time of the mediation and what he would reasonably expected to know when the separation agreement was negotiated and approved by the court.

I would suspect that the "threat" must be joined with something else, like: unless you agree to lower it to $, then I will do this. Or it may be something that you have not said.

Modification is always a problem. If he files, you will probably need an expert to go through his business and personal books.

If you would like to discuss this or seek assistance, contact me.