Legal Question in Family Law in Massachusetts

nice guys finish last ?

I was divorced on 12/24/97..I was 15 minutes late too!when I arrived only my ex was still in the court room. she told me what the judge said would happen going forward.I did not contest anything going into this divorce, and so, I did not have an attorney.. because two children were invovled, so I took my suits and left, to avoid a messy situation..everything has been fine, until recently. I had to ask for an emergency custody hearing, because of her recent actions/decisions, which involved, my childrens home environment..it was only then did I see in the docket what was told to the court back in dec 97..about my earnings, which inflated!! she now is bringing a summons of contempt against me 3/31/04, the decree says $300 a week, there is NO way I could ever afford that, but, I have always given what I could afford, and then i thought about how much she has always earned from her job - $120k + a year, and I have averaged maybe $30k..common sesnse tells me I should not have to pay anything, given that much of a gap in earnings? is there a formula to use? I have always paid for the health coverage as well, etc. please advise thank you


Asked on 3/12/04, 11:51 am

2 Answers from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: nice guys finish last ?

The craziness of this discrepancy is commonplace.

Man: approx 3300 per month disability.

Wife (atty): 229,000 a year

He ordered to pay her: 1700 month.

Man unemployed.

Wife(another atty): approx 200,000 annually.

He ordered to pay her: 3640 annually.

At some point, a list must be made of such

people suffering these problems and action be

taken.

Paper -- keep paper. Without proof in paper,

there is no chance of prevailing.

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Answered on 3/12/04, 2:05 pm
Joseph Murray Joseph M. Murray, Esq.

Re: nice guys finish last ?

Both you and your ex-wife should have each completed a finacial statement form from which the court would have derived the info to prepare a Child Support Guidelines worksheet that sets the formula for child support amounts. Contact a lawyer because you can be found in contempt for violating the order by not paying the amount ordered by the Court unless and until you bring to the Court's attention in a Complaint for Modification of the Order that an error has occurred whether by your error or by a fraud on the Court.

JOSEPH M. MURRAY, ESQ.

56 NORTH BEDFORD STREET

EAST BRIDGEWATER, MA 02333-1173

(508) 378-3944

[email protected]

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Answered on 3/12/04, 4:24 pm


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