Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Brian Waller
1 Answer | Asked in Family Law for Massachusetts on
Q: Does a quitclaim deed (signed after divorce) take precedence over a divorce agreement in MA?

Divorced 12/2012, X signed quitclaim deed giving me sole ownership of home in 9/2013, mortgage is in my name alone. Child is now 23 and X is demanding I sell the house and give him half. Child support was paid via payment to mortgage company to reduce monthly chasing for payment. Does the... View More

Brian Waller
Brian Waller
answered on Apr 28, 2020

That is really hard to say without knowing the specifics of the Separation Agreement that was signed as part of the divorce or divorce judgment if it was decided by a judge. It isn't all that uncommon for one spouse to stay in the home until the kids finish school and then the house sold at... View More

3 Answers | Asked in Child Custody and Family Law for Massachusetts on
Q: I have joint custody of my son and his father and step mom are keeping him from me.

.i would like to know if theres anything I can do other than court such as calling the police to do a welfare check on my child,get dcf involved,or report for kidnapping?

Brian Waller
Brian Waller
answered on Apr 22, 2020

It really depends on the custody order that is in place and why they are withholding visits. Parenting time and custody arrangements are supposed to be honored despite other quarantine restrictions so that alone isn't a valid reason to deny visits. If you are concerned about the child's... View More

View More Answers

1 Answer | Asked in Family Law for Massachusetts on
Q: How do I file for parenting time by mail?
Brian Waller
Brian Waller
answered on Apr 20, 2020

You can download the forms you need from the mass.gov site (search for 209C). There are a few more steps to the process if you are not on the birth certificate which would entail establishing paternity through a DNA test.

Whichever situation you are in, all the forms need to be completed...
View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Will a surrender agreement hold up in a Massachusetts court?

My ex-husband surrendered his dog to our daughter Dec. 2018. She surrendered the dog to me January 2019. He now wants the dog back. Does he have any legal rights to the dog.

Brian Waller
Brian Waller
answered on Apr 7, 2020

The courts view pets as property, therefore this isn't really a family law issue even though all the parties are (or were) family members. He could file a claim in small claims court or if he has documentation that the dog belongs to him (registration, etc.) he might be able to bring a... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: Can my wife trade in her car that was owned outright for a lease; I believe she is liquidating assets. She has a lawyer,

She says she wants a divorce; but hasn’t served me yet. She makes roughly $40,000 more a year than me but has only $10,0000 in savings. I have substantially more money in the bank than her. We have always had separate accounts since marriage began 12 years ago and split bills evenly. She likes to... View More

Brian Waller
Brian Waller
answered on Mar 25, 2020

It's good that you have kept separate finances throughout the marriage, but anything acquired during the marriage is generally considered to be part of the marital estate and subject to equitable division. That doesn't mean everything will be equally divided, just fairly divided based on... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: My ex had our daughters wisdom teeth removed without my knowledge. She went thru surgery and anesthesia.

Me ex and i have 2 kids (daughter 16, son 14). We were never married, we split up 14 years ago. We have 50/50 joint, physical and legal custody. My daughter had her wisdom removed over Feb vacation, unbeknownst to me. Only reason i found out is paperwork from my insurance. My ex is always hiding... View More

Brian Waller
Brian Waller
answered on Mar 19, 2020

It really depends on the details of the parenting plan. If there is a set schedule that she isn't following, she can be found in contempt and you could be awarded some make-up time. It doesn't sound like physical custody is shared 50/50 currently. That may have been the intent when the... View More

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: How do i stop an order since we are now married?

Years ago i started my then boyfriend on CS for our 2 sons. We have since got back together and have been married. We have had 3 other children since the order started. He owes technically me back support but her provides everything for us to live. How do i stop this order?

Brian Waller
Brian Waller
answered on Feb 10, 2020

You should contact DOR Child Support Enforcement Division and explain your situation. They will walk you through the steps you will need to take. In general, you will need to modify the child support order to terminate it, and as part of the process, you would waive the unpaid arrears balance. You... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: In Massachusetts, what powers to enforce the orders does a judge have on family related issues?

There is an order concerning visitations (drop offs and pick ups) for a non custodial parent. The custodial parent doesn't obey the order and the non-custodial parent files for contempt. The judge find the defendant (custodial parent) guilty. The custodial parent still disregards the order.... View More

Brian Waller
Brian Waller
answered on Feb 3, 2020

In this situation, the judge could again find the custodial parent in contempt with some more severe consequences. That could be anything from awarding you attorney's fees (if you have an attorney) to ordering that you have additional parenting time.

It depends what you are seeking...
View More

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: Will I have to pay child support because I make more than my ex?

So my ex and I have never been married and we have never gone to court for any child custody. I plan on taking him to court to do that but my biggest fear is that I’ll have to pay him for child support because I make more than him. Would I have to pay him for child support?

Brian Waller
Brian Waller
answered on Dec 31, 2019

Not necessarily. Child support isn't solely based on income, the biggest factor is which parent has primary physical custody of the child. The child support guidelines also factor in other expenses paid on behalf of the child, like daycare or health insurance.

The way the child...
View More

1 Answer | Asked in Divorce and Immigration Law for Massachusetts on
Q: I married in PR get divorced in Springfield, MA. I will like to know if divorced is recognized and valid for immigration
Brian Waller
Brian Waller
answered on Dec 21, 2019

Any legal divorce granted by a court with proper jurisdiction over the parties in the US should be recognized for immigration purposes.

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.