I recently was in Probate court trying to modify my divorce agreement. It is going to trial, but one of the issues brought up was a contempt issue. My ex was in arrears w/ his support, if he is in arrears on 12/31 he does not get to claim 3 of 4 kids, he gets none. I get to claim all 4. Well he was clearly in arrears and one of the issues I am trying to modify is I need him to pay for something. In my info I submitted to judge I stated that I had a solution that would give my ex the money.. This is exactly what I wrote. "and finally the plaintiff is asking the court to give the Def the option of forfeiting the profits he will receive from writing off the x children in his 2014 tax returns. The reason being is because the Defendant was in arrears with his
Laurie Ann HoganFamily Law AttorneyChelmsford, MA ·
Hello. Additional information is needed in order to provide you with a proper response. Lease const with a Family Law attorney who can assist you in this matter. Best regards, Laurie Hogan
Under Massachusetts Domestics Relations Procedure Rule 60 a Motion for Relief from Judgment and Order may be brought, but only for very specific reasons. Generally, a motion for reconsideration must bring the new facts or law before the court. Please consult with an experienced divorce attorney to help guide you through this process.
Thank you for posting your inquiry here on . We try the best we can, with the information provided by the asker, to guide you in the right direction. However, often times the matters presented are wrapped up in facts and circumstances of which we are not informed: i.e. facts surrounding the complaint for modification, the motion for contempt; the particular circumstances surrounding the arrearage of child support, and the terms of the original separation agreement, just to name a few. To prompt you in the right direction, much more information needs to be provided and has to further be analyzed by an experienced attorney. To that end, I would advise you, as well, to bring all of your information to an experienced divorce attorney. The attorney could then properly advise you as to whether you have any further course of action, and what your chances of prevailing would be. I hope this response has helped you kin some way. I wish you the best of luck.
