Legal Question in Family Law in Massachusetts
i have a question about a messy divorce situation, my mother and father have divorced over a yea ago with a settlement through mediation services. They divorced with a substancial debt which they split in half. My father is supposed to pay my mother off for the private family business that my mother is entitled to. he is doing this in small payments each week of 100 dollars. However, my father paid off his debt a month after the divorce through a loan from his father. Now he is paying back his father at 10 times that amount that he is paying back my mother. Due to my mother's lack of income, she is struggling to pay each bill. Receiving the rate of payback that my grandfather is recieving would substancially help my mom to pay the bills. Is there a way to have get my father to pay my mother back first and my grandfather last? Would a lawyer do this pro bono due to my mother's debt? Her income does not qualify pro bono (as far as i know) but if you were to calculate her debt, it would.
To add complication, my mother is engaged and would like to remarry. I am a sophmore in college on substancial federal aid. My sister is a senior in high school who wants to go to college on federal aid. If my mother was to remarry the FAFSA would count my to be stepfather's income. Then my aid would decreaase but it is unfair for my stepfather to pay for my schooling when my father won't. Is there a way for my mother to get married in the next four years where my federal aid will not decrease?
2 Answers from Attorneys
As for your first issue, you need to have your original divorce agreement reviewed by an attorney to determine what the rights and obligations of hte parties are. I imagine that the terms of repayment were built in to your agreement (if they weren't, they should have been), including the size of each payment, the date by which all payments are to be made, etc. If the parties are complying with the separation agreement, you would need to bring a complaint for modification in order to change the terms. If the parties are not in compliance with the terms, you would need to bring a complaint for contempt.
I am frankly not sure whether your FAFSA would be impacted by your mother's remarriage. While your step-father would not be your legal parent in Massachusetts until adopted, FAFSA may include his wealth in terms of household assets. You may want to speak to the loan counselor at your school about this hypothetically and find out how FAFSA is likely to handle it.
You need to have your mother's divorce terms reviewed by an attorney. If there is a hiding of assets or other issues, then the attorney may move for modification.
Likewise, in terms of paying for college, I am sure your father is obligated to share in the cost of college for you. Have the attorney review the child support issues in the settlement agreement as well.
As to FAFSA, while family assets are included as well as income, your step-father is not obligated to pay for your college. I would speak with the financial counselor at your school.
As to your sister, if you are both in college, it should not reduce your aid and could increase hers.
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Asked 1/20/11, 9:54 pm in United States Massachusetts Family Law, Divorce, Child Custody and Adoption
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