Legal Question in Family Law in Massachusetts
I have been divorced since 2012. My ex-husband, who is a lawyer, filed a Complaint for Modification because he lost a big client. My combined alimony and child support was reduced from $906 to $ 675 per week unallocated support. During this process, I made multiple offers to reduce as far as $750 per week reduction offer. He refused. It cost me $40k in legal fees. We received the judgment on 5/28/15. Eight weeks later on 8/6/15 my ex-husband formed an LLC with his brother and purchased $2million dollars worth of real estate and an Insurance company from his parents. He claims it is completely encumbered with notes and mortgages and they are not taking a dime from the company. They are "giving his parents $8,500 a month as well) He purchased three buildings which house both commercial and residential apartments. Also after this reduction he bought a Harley Davidson motorcycle. I feel like I have been robbed. Can I file a Modification? He will make sure this company never shows a profit.. What should I do?
2 Answers from Attorneys
You can file a modification. You will need to show that his living expenses and toys add up to much more than he claims he earns. The company profits may be counted as income depending on how the company is formed. But in the end he has to show that he makes some money to afford what he has in assets and/or living expenses.
Yes, you can file for modification. You will have to show that he is hiding income or overstating his expenses. I would speak to an attorney who deals with the hiding of income by using such shelters.
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