Legal Question in Family Law in Massachusetts
Ex Wifes lawyer
My ex-wife and I have a 3 year old son. My ex's lawyer was recently elected district attorney, and my ex has also mentioned on numerous occasions that she is good friends with the ''head of probate'' at the courthouse (she has told me numerous times that the ''head of probate'' has been checking my income to make sure I am paying sufficient child support...can that be done without my knowledge if my child support agreement wasn't court ordered? That sounds illegal.). Anyhow, if I decide to go to court to make my support agreement official (I'm on military service now, going to the sandbox soon, want to make sure my son gets everything he's entitled to, a military lawyer advised me to go to court and have everything court ordered.), I don't feel I'll get a fair shot at court because of my ex's friendships with the District Attorney and the ''head of probate''. What can I do? Can I ask that my case be moved to a different city? Thanks for any advice.
2 Answers from Attorneys
Re: Ex Wifes lawyer
Retain an attorney to whom you should confide all these details and perhaps that attorney can file a motion to move your case to another county to avoid any undue influence. Good Luck with this and more importantly with "the sand box". And thank you for your service!
LTC(R)JAGC USAR
Re: Ex Wifes lawyer
First, it is not necessarily true her former attorney is going to influence your case. Second, if the head of probate is investigating your income without court permission or pursuant to an order he will have his own problems.
However, you should retain an attorney and if you and he feel there is undue influence in the matter, the attorney can move to have your case changed to another probate court.
Please feel free to contact me if you have more questions. You should take care of this before you leave for the sand box and by the way thank you for your service to the country.