Division of property

All assets, no matter how owned, are a part of the "marital estate," and therefore subject to division between the parties. Division is not necessarily one-half of the value, but instead an equitable division. With regard to a loan on a vehicle, until the loan is paid off, your name will remain on it. Finally, no, you are not entitled to how she is "using" the child support. Absent proof to the contrary showing she is not properly caring and providing for the children, it is assumed she is doing so. Tracing money you gave for child support vs. her own income and what was actually used for what expenses is impractical and somewhat ridiculous. You should consider retaining counsel to assist you. Best wishes.

All property and all debt owned or owed by the parties (individually or jointly) becomes part of the marital estate and is available for division between the parties. That division can take place at trial by the judge applying the various factors specified in mgl 208 § 34, or it can be negotiated between the parties through a settlement agreement. The agreement need only divide the entire estate in a fair and equitable manner, but in a negotiated settlement that can occur through trade-offs and off-sets. Child support is provided to the custodial parent with the assumption that it is used to defray the added expenses associated with the child. The court will not monitor the expenditures, but through various agencies, and any evidence you offer will consider if the welfare of the child is properly addressed.

You should be aware that MA is an "equitable distribution" state. That means that as a general rule ALL ASSETS OF BOTH parties are on the distribution table, regardless of where they come from, who owns title or when they became property of the parties. But the courts will try to be "equitable' that means "fair". While everything is up for grabs, it is not a scoreboard. You will probably go through mediation and have the opportunity to negotiate a division and exchange of properties and debts. For example you can negotiate paying off the marital debts in exchange for reduced child support. The particulars of your settlement agreement will be entirely based upon the particular facts and circumstances of your situation and the success of your negotiations. The court must approve whatever deal you come to; they will base their decision on the fairness of the exchanges relative to the criterion of the substantive law. A lawyer will understand this process more fully and can assist in the mediation. Regarding your question about verifying the way child support is expended. The short answer is: NO. The custodial parent is given wide discretion to use the support money in any way they deem necessary for the support and maintenance of the child. The overall well-being of the child is what the custodial parent has to answer to. They can spend the money to help pay the rent or buy food or buy gas for the car! These will all be acceptable uses, since they all benefit the child directly or indirectly. You will not be able to get a list of receipts or a break-down of the spending--unless you can prove some very extraordinary circumstances such as she spends the money on illegal drugs. You should focus on determining your "bottom line" for things you want in the division of the marital assets (e.g. if you want the car you can negotiate something for it with your wife and her lawyer or the mediator). Review the MA statute that governs division of marital assets and alimony. I am proving a link for your convenience. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section34 I strongly urge you to retain counsel to help you navigate this process and these trying issues.