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Questions Answered by Miguel Nieves
1 Answer | Asked in Family Law for Massachusetts on
Q: I'm a stay at home mom who hasn't worked in 4 years. My husband wants a divorce, my child attends school from 9-12.

I don't know what the next step could be. I'd be happy to work, but whatever money I make would go to childcare from noon until I got off work (wherever that would be). What should I ask for from my husband? Child support? Alimony? I'm very nervous about the future.

Miguel Nieves
Miguel Nieves answered on Feb 12, 2015

You should receive some type of support. This is a great forum for general legal questions. However, it sounds as if you will need more detailed assistance. You should contact an experienced family attorney in your area to discuss your case.

2 Answers | Asked in Family Law for Massachusetts on
Q: My 19 year old son is no longer going to College and recently moved out of his mother's house and got an Apt.

Do I still have to pay his mother child support?How do I go about getting the payments to stop?

Miguel Nieves
Miguel Nieves answered on Feb 12, 2015

You should file a Complaint for Modification immediately if your son has moved out of the custodial parent's home permanently. It is likely he is now emancipated. However, if he moves back with the custodial parent and/or continues with college he may become un-emancipated again.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can an illegal immigrant succeed in getting a child support order against a legal resident? s s
Miguel Nieves
Miguel Nieves answered on Jan 30, 2015

The court will not take into account your immigration status. You should file you complaint for child support immediately.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I-485 - Have you ever knowingly committed a moral turpitude crime without being arrested?

I received a court summon letter from Macy's on shoplifting. I appeared with my lawyer in Municipal Court but Macy's representative did not appear and the case was dismissed. I did not receive any dismissal notice. I was only handled by Loss Prevention officers, no law officers involved.... Read more »

Miguel Nieves
Miguel Nieves answered on Jan 30, 2015

Was this a criminal or civil matter? It would be best to run a CORI to see exactly what happened in that case and see if there is any other record. You should also get a complete copy of the file from the court in which you appeared and take the copy to an experienced immigration attorney. You... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Can i move out of the house before divorce

My wife had her Girlfriend moved into the house and i really wanna move my stuff out and change my address , is it legal for me to do so . we did not start the divorce process yet

Miguel Nieves
Miguel Nieves answered on Jan 30, 2015

You can certainly move out of your home whenever you want. However, there are numerous considerations you have to take into account. You have not provided much information. Are children involved? Is the home owned or rented? Who will pay the utilities? Are they in your name? Will you contribute... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Will the court order a freeze on my husbands assets while we are in separation? and by law he can not remove his 401 k
Miguel Nieves
Miguel Nieves answered on Jan 30, 2015

In every divorce action, an automatic restraining order becomes effective against the plaintiff upon the filing of a complaint, and against the defendant upon service of the summons and complaint on the defendant.

To paraphrase, the order prevents:

1. Either party from...
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