Court finds that Wife is Voluntarily Underemployed

Wife wanted Husband to pay 35% of his gross income or $49,000/year in spousal support. Husband earned a base salary of $140,000 and Wife was earning $10,000. I represented Husband and argued that Wife was voluntarily underemployed. Wife’s counsel argued that the Wife had not worked for the past 15 years and could not earn in excess of $20,000. I hired a vocational expert to determine wife’s earning ability. After a hearing, the court made a determination that Wife was capable of earning $75,000.

Court Awards Mother Future Child Support and College Contributions

Father was ordered to pay child support in the amount of $250.00 a week. Father was in arrears in the amount of $6,250.00 and claimed he had no money. Mother discovered that her teenage son had a bank account with approximately $100,000.00 in it. The son was 16 years old and did not work. I filed a complaint for contempt to collect the child support arrears. I also sent a subpoena to the bank and discovered that Father was hiding his money in the son’s name. The court granted a trustee process and I attached father’s bank account. The court ordered Father to pay his child support arrears and Mother’s attorney fees from the trustee process proceeds. I then requested the court to allow Mother to keep the remaining monies to protect future child support and college contributions. The Court awarded Mother 100% of the trustee process proceeds for future child support and college contributions.

Father is awarded sole legal and physical custody of his son

A client contacted me because his ex-wife planned to relocate to Chicago with his son. The mother had physical custody of their son and she filed a removal action in the Probate and Family Court. The Father wanted custody of his son and wanted the child to remain in Massachusetts. I obtained a court order prohibiting the removal of the child pending an investigation by a Guardian Ad Litem.

The GAL concluded that "Mother has not satisfied the GAL that there would be any real advantage to her and the minor child to allow such a move." The GAL also noted that the mother no longer had a job offer in Chicago, but still wanted to move there.

The mother filed an emergency motion and an Amended Complaint for Modification. Mother indicated that she had another job in Chicago and thus needed to start work immediately. The court denied mother's motion seeking permission to remove the child to Chicago. Several days later, Mother relocated to Chicago anyways and left the minor child in the care and custody of the father.

I filed an emergency motion and argued the mother was not in a position to exercise physical or legal custody due to her lack of proximity to the child and that Mother is too far away to exercise joint custodial decision making. Father needed to have sole legal and physical custody. Without it, the child would be caught in the middle relating to legal issues regarding school and medical concerns. Father also had increased expenses, needed to arrange daycare and in need of a child support order.

Outcome: My client was awarded sole legal and physical custody of his son. Mother was also ordered to pay Father child support.