Legal Question in Family Law in Massachusetts
modify final divorce decree
what are the parameters to modify a final decree re marital assests if the assests are to be divided equally, yet the non custodial parent has not complied with other parts of decree re child support, med and dental bills and college costs. the decree was final in 1998, yet he has not contributed toward home since separation in 1996.
3 Answers from Attorneys
Re: modify final divorce decree
A final decree once the divorce is final can only be modified by a filing of a complaint for modification. If there is a failure to comply with a decree or order of the court, the suggested method is a contempt complaint. In this you cite what the decree said, and how it was violated. The offending part is summonsed to answer, and there is a hearing where each side presents evidence.
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Re: modify final divorce decree
Your decree may be modified through the courts to assert a lien for unpaid Child Support; the court must determine the amount. Please feel free to contact me regarding the details of your case; there is no fee for an initial consultation.
Re: modify final divorce decree
Both prior attorneys gave you good advice. The only thing I would like to add is that any decision on real estate cannot be reversed; however, as the prior attorneys have already mentioned that his equity can be attached as to child support. Please consider calling your former attorney that did you divorce or, contact a family law attorney to consult with.
Sincerely, Maria Murber
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