He said he’s going to stop paying for 21 year old who is going in to her 5th year of full time college. She still resides with us and we pay a 99% of her expenses. He said he’s going to cut child support in half because the have two children. He said he went to lawyer and because he has two new... View More
answered on Mar 2, 2022
The ex-husband can't unilaterally make changes to child support, no matter the reason. It can only be done via a court order. That court order could be the result of a written agreement by the parties to make changes or from a judge after a hearing, but the ex would be in contempt if he just... View More
Seeking retroactive child support back to the date the kids and I moved out. (4-5 years ago). We were never married and he is the father- on the birth certificate of both children.
This is a new child support request. We previously had a verbal agreement for weekly payments that he has not... View More
answered on Jan 11, 2022
Usually, a retroactive order can only go back as far as the date the opposing party was served with the complaint for child support. If there has never been an order previously, you may have the ability to argue for retroactive support back to the child's date of birth, but it would depend if... View More
He has supervised visitation at his mother house and his mother is supposed to supervise him on all three days that he has. I texted his mother to confirm to see he was at the home for his visitation but she never text me back i got worried and i check on my daughter ipad location and she wasn’t... View More
answered on Jan 9, 2022
You should have the police do a wellness check at the grandmother's home and they would document that the child wasn't there. And/or you could also have them do a wellness check at the girlfriend's house to confirm the child is there and who is present. You should also take... View More
My child’s father has not been in their life for over 6years. During that time I have had them full time with no help from him in any way. He does not pay any child support. He does call about once a month. Recently he has been asking for their information everything from school/medical records... View More
answered on Jan 9, 2022
I would just add that if you do return to court, you should ask for child support to be ordered. Even if there is no realistic hope of him ever paying, it may be enough of a deterrent to keep him at a distance. There is no connection between custody and child support, so even if he is ordered to... View More
My child support was modified to increase and I never received a court hearing notice nor has my income changed.
answered on Sep 3, 2021
You should first contact the Department of Revenue Child Support Enforcement Division and have them review your account. Sometimes if there is an arrears balance the amount changes. If you have no arrears, it is possible that the timing of the payments got off track somewhere and they needed to... View More
answered on Jun 7, 2021
If you haven't heard anything from the court yet, I would recommend contacting the Register's office and trying to find out if there is a reason it hasn't been processed.
If you have already served the other party, make sure you have returned the summons to the court and... View More
He filed bankruptcy so he won't have to pay arrears ($15k+) for like 7yrs. A condition of that is he is required to make each weekly payment($100 -ordered when child was 3 and he's 12 with not one cost of living increase), without fail. Several weeks back, I received an amount over the... View More
answered on May 7, 2021
You should contact MA DOR - Child Support Enforcement Division to confirm, but your ongoing payments should not be impacted by any overpayments if there is an arrears balance. Any overpayment should be applied to the oldest outstanding payment. It is possible he received a tax return that was... View More
My daughter is four. Her dad hasn’t paid anything since she was maybe one. Barely sees her. Maybe once a month; some months, never. I’ve never done this before so I don’t know what to do next other than wait. He received something in the mail & did nothing. I still haven’t heard... View More
answered on May 3, 2021
If there was a prior order for child support that the dad isn't following, you could file a Complaint for Contempt. If there was no prior order, you would need to file a Complaint to Establish Paternity or a Complaint for Custody Support and Parenting Time.
You can contact the... View More
He never wanted the baby, then i got married and my husband recognized my son as his own, so legally my husband is my son's dad.
answered on Apr 2, 2021
If by legally you mean that your husband adopted your son and your husband's name is on the birth certificate, I don't think the biological father can do anything because he would have been notified about the adoption. If your husband isn't on the birth certificate then the... View More
My son is 19 and will be finishing school soon. Child support was started in Florida in 2012 but due there being a paternity file that was started in Massachusetts on 12/2002 the amount of support i pay is based on Massachusetts calculations. So I am not sure if I will need to be going to... View More
answered on Apr 1, 2021
That is a tough one without looking at the actual order. I would recommend talking to an attorney in Florida if there is an order out of Florida that your child support is based on. It could be that it is enforcing a Massachusetts order, but I think Florida is the right place to start.
Paternal g.parents have temp. Guardianship. They accused me of drug abuse for the first time out of 3 or 4 previous hearings. I have never been in trouble or in treatment for drug abuse. The court ordered hair follicle testing. G. Parents have zero proof. My ex claimed on the day of the assault I... View More
answered on Mar 28, 2021
If you have no history of drug abuse you should just take the hair follicle and then you eliminate that as an issue that can be used in your case. If you are trying to avoid the hair follicle because of what it will show, then there isn't really much you can do if it was already ordered. If... View More
Is there a way i can do this or get visits quick and not have to get a lawyer? Or a lawyer is necessary
answered on Mar 1, 2021
There is nothing in Probate and Family Court that you absolutely need an attorney for, many people represent themselves. In your situation, you may want to speak with an attorney or even DCF (depending on why there are no visits currently) to understand what you can do to get you closer to having... View More
A week has past since the contempt hearing where the judge verbally told him to provide this info to me.
answered on Feb 10, 2021
In my experience, judges don't have a lot of patience for things that aren't a good use of their time, like having a hearing that doesn't accomplish anything because one party hasn't provided info they were supposed to provide. Judges have a lot of discretion in how they handle... View More
If someone was served to appear in court for non payment of alimony and yes it was court ordered and he does not show can a warrant be issued for his arrest or could the do something with his electrical license?
answered on Jan 13, 2021
If he doesn't appear for court the judge can issue a capias (basically a warrant) to have him brought before the Court by a sheriff. There are a lot of things that could happen as a remedy for the person that was supposed to receive the alimony, like the assignment of wages. Civil contempt... View More
Hello,
I have a question about two of my dogs. I was with someone for 6 years and after a year in a relationship. He gifted me a dog. I also ended up buying my other dogs. In that relationship every time I tried to leave he would threatened to take both dogs. It took me a while before I... View More
answered on Dec 23, 2020
Even though dogs are part of the family, this actually isn't a family law issue, it is a property issue. In divorces, pets are handled in the same way as property and divided between the parties in some way. Sometimes there is an every-other-week arrangement like you agreed to previously. When... View More
Clause- “while child is of young age and unable to contact other parent without assistance of custodial parent, the parties shall engage in a nightly telephone call to allow the child to allow the child to communicate with noncustodial parent”.
This was implemented when child was 3.... View More
answered on Oct 30, 2020
It is really hard to say how a judge would decide, but as long as you are making an effort in good faith and the child doesn't want to, there isn't much you can do. It does sound like your daughter has outgrown the way that section of your agreement is worded. You may want to start the... View More
Custody battle. I am filing on terms of parental alienation, emotional and physiological abuse. There's a pre trial conference but the other parties lawyer emailed me stating the court requires a meeting beforehand. I don't feel comfortable speaking in this meeting with just myself and... View More
answered on Aug 10, 2020
The pretrial order you received from the court should explain exactly what you need to do and when. Some judges require the parties to meet at least a week or two before the hearing. If you decline to meet the other party's attorney will likely bring that to the court's attention. This... View More
They have an agreement that neither party can make a decision in regards to their child without first speaking to other parent and developing an agreement. As having a sibling would effect their child does he and I trying for a child fall under that agreement
answered on Jul 25, 2020
Having another child isn't something you need to have approved by your ex. It never hurts to let them if you have a good relationship, but definitely not required. It sounds like you and your ex share legal custody, which means you have to work together on medical and education decisions, but... View More
I moved away from him with our two kids 5 years ago. ( TN to MA ) He got a lawyer and we went to mediation, I ended with custody and he gets visitation rights that I have to pay for. ( plane tickets ) I now want to move in with my boyfriend of 4 years, but it’s to a different state ( FL ). Can... View More
answered on Jun 1, 2020
Good question. It really depends on the agreement that you came to with your ex when you moved away. If there is any restriction about moving to any state other than TN, then obviously it would be an issue.
Realistically, there should be no impact on your ex if you are paying for the... View More
Father thought he was making the best decision for his two children, the mother wasn't willing to work with him about anything and he didn't want to put his kids through that. She told him he could still see them and be in their lives but five years later and that is not the case. He... View More
answered on May 13, 2020
If the case where this happened was in NH originally and the kids still live in NH, this would be a NH case and the laws may be slightly different. In general, unless there was something in the written agreement he probably doesn't have much of an argument, unfortunately. Obviously, every case... View More
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