Legal Question in Family Law in Massachusetts
Can a Mediated Divorce Settlement to Appealed?
My ex-husband and divorced in October 08 in Massachusetts. It was a mediated agreement. He agreed to pay me XX dollars for the loss on a house we bought 2 months prior to our seperation. The divorce was due to adultery on his part. He was supposed to pay me in full by Oct. 08. He paid part and due to circumstances, I agreed to allow him to pay me the remainder in monthly payments for a year. 2 months into this payment plan, her is threatening to stop payment. He feels the amount he is paying is unfair.
Does he have any right to appeal a Mediated Divorce Agreement? He was fully on board with this agreement until he actually had to start paying.
2 Answers from Attorneys
Re: Can a Mediated Divorce Settlement to Appealed?
He has the right to ask the court for a Modification. However, this does not mean he'll get it.
If he's not paying you according to the Separation Agreement, I suggest that you look into filing an action for Contempt. Don't worry about whether he can or cannot modify the agreement for now, because he might not do anything.
Re: Can a Mediated Divorce Settlement to Appealed?
It sounds like you have a contempt action. You should get an attorney's help. If the Court agrees and finds the ex in contempt, you are due repayment of a reasonable attorney's fee and costs for the matter.
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