Legal Question in Family Law in Massachusetts

My husband and I have been separated for 18 months. Savings and debt have already been separated. He was fired from his job, lost his apartment and is living out of his car. He just got a part time job. My question is: I would like to start divorce proceedings but am wondering if

there can be a stipulation in the divorce decree stating that if he does not pay child supprt,

half of college, wedding, medical etc. for his daughter that he forfeits his rights to the family

home. His daughter is 15 years old. We discussed selling the family home once our daughter graduates from college but I would like to remain in the home. Thank you.


Asked on 2/14/11, 5:18 am

1 Answer from Attorneys

Richard Kell Law Office of Richard B. Kell

First, just because you have been "separated" does not mean that your property and debt division is legally final. That would have to be addressed in a comprehensive Separation Agreement incorporated into a final judgment of divorce.

Secondly, your Separation Agreement and Court Order will also determine who will have physical custody of your daughter. If that is you, then by law your soon-to-be ex-husband will be required to pay some child support. The exact amount will depend on both of your incomes, subject to a statutory minimum amount.

Third, you and your husband will have to come to an agreement on how the home will be dealt with. This will be a separate matter from child support. If you cannot come to an agreement on who retains the family home, the court may order that it be sold and the equity/debt divided.

Lastly, you should definitely consider retaining an attorney to represent your interests throughout your divorce. Your house is at stake and your 15 year-old may want to go to college. An experience divorce attorney can draft and/or negotiate a comprehensive Separation Agreement that deals with these matters now rather than later, which can save you a ton of money and aggravation in the long run.

For more information on these issues, you can visit my website: www.massachusetts-familylaw.com

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Answered on 2/14/11, 6:26 am


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