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Conference quark::human_relations

Title:What's all this fuss about "sax and violins"?
Notice:Please read all replies to note 1
Moderator:QUARK::LIONEL
Created:Thu Jan 21 1993
Last Modified:Fri May 09 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:133
Total number of notes:1901

87.0. "AFTER THE DIVORCE" by --UnknownUser-- () Mon Feb 20 1995 17:01

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87.1Get a lawyerDANGER::MCCLURETue Feb 21 1995 17:1335
Perhaps a better place to ask this question is QUARK::MENNOTES.

Perhaps your friend should be asking his lawyer this ??

As I understand it, at least in Massachusetts, child support and alimony can
be reopened at ANY time, especially if there is a change of circumstances.
Your note doesn't give a lot of details, but suggests that perhaps
alimony was awarded for a fixed time, and now it has expired and the
ex wants to get it extended.   If this is the case, and if there hasn't
been any significant change in circumstances, (i.e. your friend didn't win
the lottery, and the ex hasn't suddenly become disabled) your friend probably
won't have to pay much more if anything.

Or perhaps your friends children are about to graduate from high school
and now the ex wants him to pay college tuition which wasn't covered
by the agreement.   If this is the case, he needs a lawyer, and will
probably have to pay.

But all of this is silly.  It's usually in everyone's interest to settle
these things with as little flap as possible.   Both lawyers charge by the
hour, so the less unnecessary fighting you do the lower the cost (e.g.
if your lawyer says you will have to give a financial statement it's
silly to insist they have the court send a registered letter to tell you.)

Why doesn't your friend just call up the ex's lawyer and ask what is going on.
The lawyer will probably explain what they are looking for (and btw any kind
of financial statement they want from your friend, they probably have to
provide the same to you, so don't forget to ask).   Or if your friend
doesn't want to call, he should have his lawyer call.  Courts aren't
supposed to work on surprise.  They can't ask you to go into court without
letting you know what they are asking for.

Please let us know what happens.

87.2get a lawyerFABSIX::J_ROUSSEAUWed Feb 22 1995 12:016
    It's usually the judge that wants a financial statement. I would 
    check with a lawyer before providing the ex's lawyer with any kind
    financial status. I don't think she can just decide she wants more
    money unless there has been some kind of financial change in her
    life and even then it's the judge's final decision as to whether 
    or not she gets it.