Legal Question in Family Law in Massachusetts

How hard is it to get a judge to devIATE FROM ALIMONY GUIDELINES, WHEN HUSBAND (pAYEE) HAS BEEN DISABLED FOR NEARLY 20 YEARS, UNABLE TO find FULL TIME work FOR 8 + YEARS and wife is physician...can you get judge to take average salaries of past 5 years of each party and come up with reasonable figure? given chronic, progressive and incurable disease, and inability to productively work - a record of that with terminations, etc. I had a temporary order, but my lawyer had me agree to 700/week coming from my own account to pay for our 2700/month morgage...she took over 30k and I had 25k from business, I guess, when we worked together. I want to go back to court, eventho0ugh we just he had this temporary hearing couple of weeks ago.lawyer said it made sense because X is out of house somewhere, but why do I empty that account and not get anything else from her while she keeps getting paid good money at our practice (That I am no longer part of) - i get 150 every other week from my part-time job. Doesn't it sound strange? Can you go back for anbother temporary order? Don't knowe if I should seek another lawyer, she is very senior, but we have new laws now and need to be aggressive with judge eventhough it is last thing they want to do - written findings...next date is november, but cant wait, have to short sale condo, i think...


Asked on 8/13/13, 12:41 pm

1 Answer from Attorneys

If you are not able to work and have been married for 20 years you are entitled to alimony for life under the new guidelines. Your disability income and other income needs to be considered as well. If you have a part-time job that should be considered as well. You may be entitled to part of the value of the practice as well.

More information is required to give you better response, but if your attorney thinks you should go back in then go back in.

She needs to not only disclose her wage income but all of her income. If you want to discuss the matter you can call me.

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Answered on 8/13/13, 5:38 pm


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