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DrakeLAW, Lawyer
Category: Family Law
Satisfied Customers: 794
Experience:  Attorney at Drake Law Firm PLC
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My husband and I used a mediator and have filed all the

Customer Question

My husband and I used a mediator and have filed all the paperwork for our divorce. We are waiting on a court date. However, I was offered and accepted a new job since the paperwork was signed and submitted. What information is he entitled to. I am already aware I will need updated financials. But he is saying he has the right to speak to my employer and get my offer letter and my salary information.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Oh and I live in Massachusetts
JA: Has anything been filed or reported?
Customer: All the paperwork required was filed with the courthouse. Including the separation agreement joint petition for divorce, ffinancusl statements for both of us. Now we are just waiting to hear about when we will gve our court hearing.
JA: Anything else you want the lawyer to know before I connect you?
Customer: In the separation agreement he is paying 1000 a month for alimony/ spousal support.
Submitted: 5 months ago.
Category: Family Law
Expert:  DrakeLAW replied 5 months ago.

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Expert:  DrakeLAW replied 5 months ago.

Does that mean you guys agreed on everything? if so, why would you have a court date?

Customer: replied 5 months ago.
My understanding is that in Nassachusetts, after filing we have a hearing in court stating that yes we agree and the judge reviews the documents. Once approved it is accepted by the courts and a divorce nisi is granted 30 days after acceptance. The 90 days after that a final divorce decree is made.
Expert:  DrakeLAW replied 5 months ago.

Ok, well did you guys come to a full agreement with the mediator though?

He is not entitled to "talk to" your employer but he may be entitled to the financial information via discovery, but not if you guys have a signed and complete agreement.

Customer: replied 5 months ago.
We can also submit updated financials at that time if there has been any significant changes
Customer: replied 5 months ago.
but this was before I got the position. He is thinking there may need to be a change in the alimony amount based on the states way of calculating alimony.
Customer: replied 5 months ago.
the only thing he can request is updated financials, my employer does not have to disclose to him what my offer was and what my salary is.
Expert:  DrakeLAW replied 5 months ago.

I see now, sounds like you are doing a 1A divorce. The agreement will become final unless there was a "substantial change" in circumstances. That is a tough term because its always up to the judge.

Is your new pay significantly higher?

Expert:  DrakeLAW replied 5 months ago.

Your employer does not have to do anything unless served with a legal document stating they need to do so. I don't believe he is allowed to issue discovery in a 1A divorce and must rely on the updated financial statements.

Customer: replied 5 months ago.
I went from 34,600 to 60,000 so a significant jump in pay. I am also taking an online Masters course and my new employer does not offer tuition reimbursement. My former employer did. when I ran the basic alimony calculation ( and this was without knowing exactly what my deductions and net pay would be) I calculated a deduction of around $400-$450.per month
Expert:  DrakeLAW replied 5 months ago.

Sorry, I was really sick and I am back now, can I still assist you with your follow-up questions?

Customer: replied 5 months ago.
He received the information he wanted from me, I just needed to clarify what rights he had regarding discussions with my employer. Thank you for your assistance and I hope you are feeling better.