Legal Question in Family Law in Massachusetts

Re: Money hungry, Child insensitive ex wife

He should not have to pay additional expenses unless ordered to do so by the court. These expenses do not sound like something that would be ordered at this time with children so young.

Please call me to discuss this matter free of charge.

Re: Money hungry, Child insensitive ex wife

First of all you cannot force someone to give you additional money unless it is court ordered.

In addition, if there is already a court order, she cannot unilaterally move the children out of the state unless she gets a written agreement between the father and herself and/or an order from the court allowing the removal.

Also, child support is for the children, but there is nothing wrong if the father buys his children gifts for Christmas, birthdays, etc. (that has nothing to do with the child support) The child support is for the care and maintenance of the children (living, eating, etc.)

If there is a court ordered/judgment for visitation, and his ex is not following the order/judgment of the court, he should file a complaint for contempt in regard to her not complying with visitation.

There are entities such as Boston Bar Lawyer's Referral, and Mass. Bar Lawyer's referral, etc. that can offered lowered attorney fees if, your boyfriend qualifies.

I suggest he atleast talk with a family law attorney to get some direction in regard to his situation. Good luck. Sincerely, Maria Murber

Re: Money hungry, Child insensitive ex wife

The ex is obviously not acting in the best interest of the children, but the children are so young that they are not going to understand or be able to testify about what she's doing. If your boyfriend has joint legal custody, he could try to get them into counselling, where some of this might come out. The therapist could testify.

As to her threat to move out of state with the kids, she could do it, since the courts can't stop her if she gives a valid reason for moving out of state.

If you are the reason the marriage broke up, you are not helping the situation by doing things the father needs to do.

Re: Money hungry, Child insensitive ex wife

Your boyfriend is only obigated to pay that which is required by the court under his separation agreement. The additional expenses you talk about do not seem to be those that would be required.

Also, your boyfriend is entitled to see his children in accordance with his separation agreement and that is not a matter for the children to decide, but for him and his ex-wife. If there is a good reason for him not to see his children on a given day (child is ill) that is one thing, otherwise there is no reason for him not to see his children as scheduled.

In order to move the children out of state, the ex-wife will need his permission and/or the Courts permission to do so. She cannot just take them and leave legally.

I suggest your ex talk to his divorce attorney or contact an attorney for assistance who deals with these issues regularly.

Re: Money hungry, Child insensitive ex wife

Three things do or should happen.

First, the wife must ask the court for permission to move out of state IF there is a current court order for visitation.

Second, VERY OFTEN wives IGNORE their obligation to ask permission and just move. They do this because the court does NOT NOT NOT enforce their return to Mass. from the other state.

Third, the court must get the consent of the opposing spouse before allowing the mother to move out of state.

Fourth, VERY OFTEN courts IGNORE their obligation to ask whether the dad consents. (Read Drano Series #57 on my website, www.falseallegations.com/ #57 is a complaint against judges for this act. Naturally it was dismissed on immunity grounds, but the offending judge was taken off the case after she was served.

Fifth, if the spouse who opposed the move does not give his/her consent, the court is supposed to allow an evidentiary hearing, a hearing at which the noncustodial parent may cross-examine the other spouse, and offer evidence to support his opposition to the move.

Good luck.

Barbara