Legal Question in Family Law in Massachusetts

Am I making a modification?

IN my divorce agreement from 1998, IRS 1040's were to be exchanged every two years, and child support was to be re-set according to federal guidelines.

I asked my exhusband for his this year, for the first time. I received in reply a letter from an attorney stating that he was representing my ex, and is asking the court for me to pay his legal fees since I am asking for a modification.I have never asked for an increase in the 6 years we have been divorced. It seems to me, that I am asking something in my rights of the agreement, and not a modification. Now I have received another motion asking the court to give my ex husband (noncustodial) the right to take my tax exemtion for my daughter !!!! My question: should I get an attorney? Will he have to pay my legal costs?


Asked on 7/08/04, 2:39 pm

2 Answers from Attorneys
David Summer Law Office of David B. Summer

Re: Am I making a modification?

You should seek legal help immediately to sort out what is going on and to determine if your husband is eligible to seek the tax deduction for the children. Unfortunately, you may be liable for the legal fees, but you can certainly ask the court to have your husband pay for said fees.

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Answered on 7/08/04, 3:40 pm
Martha Kovner Law Offices of Martha J. Kovner

Re: Am I making a modification?

You should most definitely hire a lawyer to protect your interests. It does not sound like a modification to me but one really needs to read the separation agreement to understand everything fully. Parties always ask for legal fees but it is up to the court to decide whether ot not it is appropriate. Please contact me if you would like to discuss this further. Martha Kovner 508-587-9111

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Answered on 7/08/04, 5:24 pm


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