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Questions Answered by Joshua H Bearce
1 Answer | Asked in Family Law, Child Support and Child Custody for Massachusetts on
Q: Unmarried and separated with three kids. As a single mother, what are my rights an what can I do?

Is there a lawyer that I can get with low income?

Joshua H Bearce
Joshua H Bearce answered on Apr 10, 2019

You can file three Complaints for Custody-Support-Parenting Time in the Middlesex Probate and Family Court. You can seek to waive the filing fees if you have a low income. After you have filed, I would suggest filing a motion for temporary orders to obtain an award of child support from the... Read more »

1 Answer | Asked in Child Custody for Massachusetts on
Q: Im a dad my 12 year old daughter has been hit with her phone,punched repeatedly is this enough for me to get an attorney

I'm a dad

my daughter hates her living situation

i make a good amount of money

Joshua H Bearce
Joshua H Bearce answered on Apr 2, 2019

This question cannot be fully answered without more information. If there are allegations of physical abuse, and she does not want to live with her Mother, then you can file a complaint for modification with the Court seeking to obtain custody of her. I would suggest you also file a motion for... Read more »

2 Answers | Asked in Divorce for Massachusetts on
Q: What happens directly after serving my spouse with divorce papers? Like the next step.
Joshua H Bearce
Joshua H Bearce answered on Apr 2, 2019

This depends upon the circumstances of the case. If there are issues which require immediate resolution, the parties often exchange their Rule 410 mandatory disclosures, and attend what is called a temporary hearing to establish the orders which will be in place during the divorce. These can be... Read more »

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1 Answer | Asked in Family Law for Massachusetts on
Q: If you have supervised visits with a minor child and the mother and father had words. Does the mother have the right to

Hold the child from visitation or does she need to get the court order changed. There is a court order for supervised visits 2 days a week

Joshua H Bearce
Joshua H Bearce answered on Apr 2, 2019

No. The Mother does not have the right to prevent you from having parenting time with the child simply because the two of you had an argument. If the Mother wants to modify the current parenting plan, she needs to obtain a court order. Otherwise, you can file a Complaint for Contempt if she... Read more »

1 Answer | Asked in Family Law for Massachusetts on
Q: Ex-Husband is angry that I introduced my boyfriend to the kids. (He is not a danger to my kids and the kids like him.)

He is threatening to take me to court and "change" things. (My interpretation is that he wants to see if he can get physical custody changed to him. He is also repeatedly texting and calling me and will not stop.

Joshua H Bearce
Joshua H Bearce answered on Apr 2, 2019

If your boyfriend has no prior history which would make it unsafe for the children to be around him, then the fact that you introduced him to the children will not constitute a material and substantial change in circumstances warranting any modification of your parenting plan. I suggest you speak... Read more »

2 Answers | Asked in Divorce for Massachusetts on
Q: I am in the process of a divorce in Ma. Our two homes are in my husbands name. Who gets them or how are they divided?

I have stayed home and taken care of our two small kids. Only work part time. Everything is in his name.

Joshua H Bearce
Joshua H Bearce answered on Dec 23, 2018

The fact that the two homes are in your husband's name is irrelevant to your property division. However, if he purchased the homes prior to the marriage, or he can show that he made a significant pre-marital contribution to the homes, then he may be able to offset certain amounts from the property... Read more »

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1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: I requested a Judicial Review in regarding arrears. Can DOR take $ from my chck while this is still under review

DOR just started taking child support from my check but I am waiting for the defendant, my ex to respond to the complaint. Can they take $$ if I'm questioning the arrears? Also how long does the defendant have to respond to the claim? What do I do if he doesn't respond and where can I get a default... Read more »

Joshua H Bearce
Joshua H Bearce answered on Dec 23, 2018

Yes. There is a court order in place to withhold money from your paycheck for purposes of the payment of child support. The father has 30 days to file an answer to your complaint after he is served with a copy of the complaint. You will not get a default judgment from the court if he does not... Read more »

1 Answer | Asked in Divorce for New Hampshire on
Q: divorced 6 years, ex lives in house I do not my name is on deed but not mortgage now demanding me to pay

the tax money. we have a divorce decree can he do this?

Joshua H Bearce
Joshua H Bearce answered on Dec 15, 2018

This answer to this question depends on the terms of your Divorce Decree. If your Decree states that he is solely responsible for these expenses, then he cannot force you to contribute. In contrast, if the Decree states that you are required to make some contribution to those expenses, then he... Read more »

2 Answers | Asked in Family Law and Divorce for Massachusetts on
Q: Can I file for divorce and upon being served, husband will move out? I am afraid of my spouse's reaction.

Spouse has filed an A&B claim against me, misleading the police officers into who the victim really is (case now dismissed). I need help filing for divorce and staying away from him (as well as custody of my 14 month old daughter) because he is unstable and angry. Can someone please advise me what... Read more »

Joshua H Bearce
Joshua H Bearce answered on Dec 15, 2018

You will need to file a Complaint for Divorce and a Motion for an Order to Vacate Marital Home. To get an immediate order directing your Husband to vacate the marital home, you will need to show that you and/or your daughter's health, safety, or welfare would be endangered if the Court did not... Read more »

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