Legal Question in Family Law in Massachusetts
My former husband is taking me to court to reduce my alimony payment from $800 per month to $$175.00 per month. While we were married he was in sales earning $120K. He lost his job one month after our divorce. He collected $2700 a month in unemployment. He states that he is now working for his family business making $500 per week. While I was married for him (20 years) he worked for his family business for a few years, and his salary was $65K. I believe that his parents who own the business are paying him under the table.
He is a college graduate, and a man with his qualifications should be making more than $24K per year. That is $12.00 per hour!!! His earning potential is far greater. I would think the judge would take that into consideration.
My question is do I have the right for discovery of his bank statements, income tax returns, etc? I am also privy to information that he is paying for his girlfriend's daughter's cell phone bill,which he does not claim on his financial statement. I do not have an attorney representing me at this time.
Thank you in advance for your assistance regarding this matter.
2 Answers from Attorneys
Yes. You have the right to engage in discovery, and it sounds like you will need to.
He conveniently lost his job a month after divorce! I can almost guarantee you his parents are paying him under the table. Is he that stupid? I've seen this type of thing a thousand times.
Get a lawyer asap to engage in discovery! You will be entitled to all documents relevant to showing his real income.
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