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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27622
Experience:  Attorney with experience in family law.
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Middlesex County, Massachusetts. Married couple 13 years,

Customer Question

Middlesex County, Massachusetts. Married couple 13 years, before Mentally Challenged wife is using the Court System to get life time support. Mass Law has a formula for the number of years married. Husband is willing for that. Wife has used the Court System for two full days over her issues. She does not show up, the judge gives her every chance. The Husband is paying $300 an hour, or $2,100 a day.
Question: The Judge in the case has all sympathy for her. The husband is losing. Can a Judge be replaced??? How will that happen in Mass. BRD
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

When a party has reason to believe that a judge is actually biased regarding the outcome of the case, then it's possible to file a Motion for Recusal. Bias usually means that the judge has a financial interest in the outcome of a case, or a personal relationship with one of the litigants or parties.

Bias is not the same as sympathy, though. The judge could legitimately feel sorry for a litigant who has mental problems and still rule against that person. He could also be trying to help her feel like she got a fair trial so she doesn't appeal when she loses. I've seen that happen (and I've worked for judges). Ruling in favor of one party at the expense of another is also not evidence of bias. In a trial, there can dozens of motions filed, both oral and written. Someone has to lose those motions. Agreeing with someone's legal position on one (or 10) motions doesn't mean the judge is biased in favor of that party, or that he should be removed, or that the party who's winning the small victories will ultimately win the case. Talk to your lawyer about whether the behavior you're seeing gives you sufficient evidence to have the judge removed for bias. And keep in mind that you're rolling the dice - a new judge could also find your wife to be sympathetic. Your lawyer may also be able to help you brainstorm ways to make your wife look less sympathetic before the trial ends.

Note that if the judge ultimately ignores the laws about lifetime support and doesn't base support on the number of years married, you may have grounds to appeal based on an abuse of discretion. But hopefully it won't come to that.

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