Submitted by missannak on Sun, 01/31/2010 - 11:35
We came to Boston as war refugees in 1999. In 2000 ex-wife took kids to Bosnia to meet her German fiancee, filed papers in Sarajevo for divorce. German boyfriend dumped her she came back to Boston with divorce papers but insisted I take care of her and kids until they graduated high school or she would take them to Bosnia and I would never see them. We co-habitated together as roommates only, did not share relations, bank accounts or anything else and held separate lives. In 2004 we bought an investment property with intentions to sell after 5 years, split the difference and the youngest child would be graduated from high school. She walked out in 2007 after have never paid one cent towards investment property, both kids stayed with me. In 2008 I was served with child support payments that she had filed for even though kids lived with me. After I submitted proof of this the case was dismissed. In 2009 I am served with divorce papers, she found attorneys so take her case pro bono. She is uneducated, unemployed and unwilling to find a job or work. However, in 2008 she made over 40,000K under the table without any bills or kids to support.
I had to hire a lawyer and in Oct 09 we had the initial court case in which she denied being divorced. The judge stated the case pending but in the interim I am to pay 400$ weekly for alimony. How is this possible? She pays me 95$ a week child support since the youngest child (19) lives with me. We have depositions scheduled for 2/10 and court date 3/10. But how can the state make any judgement what-so-ever when we are already divorced in our home country? She is obviously lying. I have the actually divorce paper and a notarized copy translated to english. My lawyer says she will file for dismissal once she diposes my ex but does this whole scenerio sound right to ANYONE? I have paid my lawyer 10,000$ so far plus the 7,000$ towards alimony and I am already divorced! Is it just MA that is totally crazy? Or my specific judge?
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Editor's Response
You have my sympathy, but with that wacky fact pattern and without knowing all the facts, I would be crazy to offer an opinion on the matter. I will say this: You have paid your attorney a good deal of money, but you do not seem to have any faith in her. She should be able to explain to you what her approach is, how she intends to handle the case, and why the judge may have considered it appropriate to award alimony while the case is pending. I have a feeling that you are just very upset right now and that your attorney, when pressed, will be able to answer your questions. If she cannot, and if you are convinced that she is mishandling the case, then you need to consider hiring a new attorney.
Although your case sounds like it defies convention, here is another post dealing with the factors judges will consider when awarding alimony in MA. Good luck.