Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Lillian J. LaRosa
2 Answers | Asked in Child Custody and Family Law for Massachusetts on
Q: Can I request a parental fitness eval for a non-custodial, wheelchair bound parent that has unsupervised visitation?

I am an unmarried single mother that has a temporary order for sole legal and physical custody of my 1 year child in MA. Child’s father lives out of state in Maryland and judge has ordered a temporary, unsupervised visitation schedule for father to come to MA every other weekend for 6 hours.... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 3, 2023

So you already had this matter heard and got this temporary order. You may be able to have an interlocutory appeal depending upon how long ago the order issued.

View More Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: I just got 50/50 custody of my children. Which parent will receive my disabled daughter's SSDI benefits.

She currently gets the benefits and it's her only income and she expects me to pay child support too because SSDI isn't counted as income which really isn't fair.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 14, 2023

The amo0unt of SSDI received for the dependent children could be greater than the calculated Guidelines child support to be paid in some circumstances. If it is less is where there would be orders.

1 Answer | Asked in Real Estate Law and Tax Law for Massachusetts on
Q: I am a trustee of an HOA development where all the owners in the development jointly own a HOA amenity property. Our HOA

files its taxes as a non profit. Recently we learned the town asseses the amenity as comercially zoned eventhough its a comunity garden. is this correct?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 8, 2023

Your organization needs to have counsel review this issue which does not appear to be a general question suitable for a forum.

1 Answer | Asked in Elder Law and Landlord - Tenant for Massachusetts on
Q: I have a question I would like to know what is my rights of living in an apartment building. Under Section 8. I am an I

I have a tenant that live above me that have two kids in there and they're very noisy and I could understand that kids can be kids but they're not even trying to calm them down even with the dog dropping things and all kinds of stuff I am 62 years old and I don't need the extra... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 26, 2023

This sounds like a Landlord Tenant issue and you should review your Section 8 agreement with the Housing Entity you have before proceeding toward eviction.

1 Answer | Asked in Divorce and Tax Law for Massachusetts on
Q: Divorce is final on 3/28 in Ma. We filed married but separate on taxes last year. Does that change my tax info for 2023?

My ex and i were married, in massachusetts, for five years. 2022 we decided to file our taxes "married filing separate." With the divorce final on 3/28/2023, would i still have to give my ex half my tax return? Does the divorce mean i should consult a tax specialist to file my taxes for me?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 23, 2023

The method of filing and the disposition of refunds or monies owed to tax authorities is usually dealt with in the body of the Separation Agreement. You should review the document preferably with the attorney who represented you on this issue.

2 Answers | Asked in Real Estate Law and Probate for Massachusetts on
Q: What are my options when trying to remove myself from house deed?

My brother and I, inherited house. My brother has lived in the house for 3 years and not helping with property tax and yet to file yearly taxes, as he is the authorized rep of the estate. My name is on the house deed. How can I remove myself from any obligations as I am no longer financial able to... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 4, 2023

You have some options such as a petition to partition and equity claims for rents and reimbursement for your payments for the home. You should discuss this with a real estate and probate law practitioner as soon as possible.

View More Answers

2 Answers | Asked in Civil Litigation, Family Law and Real Estate Law for Massachusetts on
Q: What kind of attorney(s) should i hire if i want to file a complaint in equity and sue in family court for contempt?

i am the child named in a judgment of divorce between parents and became a tenancy in common in properties with step-mother. i am now disabled and the sales will create financial complexities along with a host of difficulties. i have hired a real estate attorney & scheduled to meet soon but i... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 1, 2022

I agree with my colleague and would also add that hopefully there is also Special Needs Trust involved as you are disabled and possibly receiving benefits that may be affected by property sale.

View More Answers

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: I pay child support weekly to my ex for our two kids. She requested a joint account for sports. She ask to up the sport

account monthly. Which I did. Our children are 14-16 she has now interfered with my custody cause I moved in with my Girlfriend. Now wants to modify the agreement so I pay more on top of the sports account. Because she has made it so my girls won't come visit me. Changing the child support... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 18, 2022

The Court can award a Modification of child support if material income changes have occurred and sharing of living expenses is a change in circumstances that may justify Modification.

1 Answer | Asked in Child Custody, Family Law and Divorce for Massachusetts on
Q: Followup on my previous question, regarding my daughter trying to get custody or more visitation time.

She was granted attorneys fees of $5,000, but husband refuses to pay, charged with contempt, got an extension to pay, contempt charges filed again, pending. He was supposed to pay her a min amount for reestablishment, refused. She only gets sons on weekend, agreement is she has to take them to... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 15, 2022

She needs to continue to pursue the Contempt and sounds like there are more issues where a Contempt may lie, so try to obtain counsel!!

1 Answer | Asked in Child Custody for Massachusetts on
Q: Daughter qualifies for pro bono lawyer. But is on waiting list. Very abusive husband, 4 children, no money. Suggestion

Husband criminal record for physical abuse in NY in 1999, and then had probation revoked, same. Different woman, no recent record abused my daughter physically and emotionally for 14 yrs. Daughter got retraining order, but withdrew it. Husband retaliated and had her arrested after she dropped... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 15, 2022

Because there is an asset involved potentially she may not qualify for free legal services, but she should definitely try to obtain same ASAP! There could be a Motion for Payment of Counsel Fees with the filing of a Divorce Complaint and other motions for relief, so that husband would be ordered... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: A home seller lied about no unpermitted work in the P&S. Is there any recourse for issues arising from this?

The seller stated and signed in the purchase and sales agreement that there was no unpermitted work performed during their ownership. After the sale, it came to light that they had received stop-work orders from the town for unpermitted work and never remedied the issue. Is there any legal recourse... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 24, 2022

You should contact real estate counsel about pursuing a claim for the misrepresentation as soon as possible. The facts involved are important to establish.

1 Answer | Asked in Divorce for Massachusetts on
Q: Can I make a correction to my testimony in my divorce?

My husband said I put $50,000 in his IRA and I agreed with him in court but I only put $25,000 - I put $50,000 in our iras combined - is there a way I can tell the judge this - I am able to prove it - my laywer says no but that seems unfair

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 18, 2022

So was this at the divorce trial? If the trial is ongoing then I believe if requested by the parties they can jointly amend the record by stipulation or Motion as you apparently answered a question too quickly!! Perhaps a Motion to seek correction of testimony would work. If the trial is over and... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: Parties agree to contribute to child's educational expenses ~according to their respective abilities at the time."

Ambiguous. Who decides ability? Can parent have a savings account or be concerned someone is going to say "S/He has money?" Child is 20 years old in college and is capable of supporting self but lives with one parent.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 17, 2022

A child in college full-time is not considered to be emancipated and the duty to pay child support and make college contribution exists. Where there is an indefinite percentage or sum indicated there is likely a basis for court review in a Modification proceeding. The current Massachusetts child... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: Would I have a good chance of being awarded our house if I divorce him?

My husband lost his job 7 years ago and has not worked since. I am disabled and have been paying all of the bills. He applied for early retirement at 55 (he is now 57) and only gets $600 a month. He pays for gas for the car, that's it. A few months after he lost his job we were behind on our... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 17, 2022

If these are the facts, then you have am argument to make to the Court that the equities are on your side of the balance sheet, but you should engage a divorce attorney and not try to present this information yourself. Divorce is not a paint by the numbers or press the lever and get the outcome... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: If a form needs to be notarized and I need to have 3 copies of it, do I need to pay a notary to sign all 3 copies?

Filing jointly for a divorce in Massachusetts. Both the Separation Agreement and Financial Statement forms need to be notarized. I was told I'd need 3 copies of each form which begs the question, does each copy have to be notarized or can I just get one notarized and photocopy it twice?... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 12, 2022

You need the three originals as the Court has one on file and each party has an original.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I have a real estate lawyer doing my purchase and sales agreement why would he give it to the buyer's first??

The house that I am saying is a affordable unit through housing authority that I have owned for over 20 years there is a deed Rider that I do not understand but I thought I would get to see the purchase and sales first

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 12, 2022

You should talk to your lawyer about your questions and find out from them why you did not see the P & S before the purchaser and if you are not comfortable with your counsel you should seek other counsel ASAP as in the real estate sphere "time is of the essence".

1 Answer | Asked in Estate Planning and Real Estate Law for Massachusetts on
Q: What are my options regarding my fathers behind on many payments and about to die?

My father is 25000 behind on the mortgage and 12000 for utilities. I am due to inherit the house as stated by him and as I’m next of kin also. I don’t know exactly what will happen if he passes with debt since his cancer is bad and due to pass soon. I want to know what my options are that will... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 3, 2022

Will you be the sole heir? Is he a Massachusetts resident? If you are the sole heir, then you may be able to take over the mortgage through what is referred to as a "novation" with the mortgage company if that is something the company offers or you may be able to refinance the... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: Hi Mr. lowyer I want asking, I married my husband in Jordan country then I came back to Boston I received a massage

The massage said he loves another woman from Jordan and he married me just to come to Boston then he will divorce me after he comes to Boston, so I want divorce him because he cheated me and lying on me. Please if you can respond my massage and help me to divorce him .

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 27, 2022

If you and husband never lived together in Massachusetts then you may still be able to divorce him in Jordan depending upon its laws on the subject.

1 Answer | Asked in Elder Law for Massachusetts on
Q: I was sent a demand letter from my father's Nursing Home Attorney. Demand payment of his balance with a Chapter 109A .

Uniform Fraudulent Transfer Act. My dad was a resident at Life Care Center Billerica, MA from May 25, 2021 - July 11, 2022(death). I had him transfer House deed to me and my sister in Sept 2021 recorded on 10/8/2021. His balance is 8,600. I was aware of the balance, however, explained how he has... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 26, 2022

So, there was a house transfer close to the date of death and includable in the lookback period so that there probably would not have been Medicaid/MassHealth eligibility . Contact a Medicaid specialist on this issue ASAP to present your set of facts to see if there is something recommended at... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: I got served divorce papers an never responded. Never new when court was he got awarded everything. Can it be changed?

He never told me when court was never knew. He got the house an full custody. He never told me. I found out I was legally divorced because I got kicked off his insurance. Can anything be changed with my property?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 12, 2022

Why did you not respond? Were you in the hospital the entire time??

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.