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Massachusetts Family Law Questions & Answers
0 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Seeking pro bono lawyer to revise custody and support agreement in MA.

I am a single mother seeking a pro bono lawyer to help me in court to revise my child support and custody agreement. My child's father, whom I consider a narcissist, currently pays child support that is too low to meet our needs, and he has custody on weekends while I have none. There have... View More

0 Answers | Asked in Child Custody, Gov & Administrative Law and Family Law for Massachusetts on
Q: What happens if I'm taken out of my mother's custody at 15, with no father custody?

I'm 15 and my mother has full custody of me while my father has no custody rights. If I'm taken out of my mother's custody and there are government agencies involved, what are the likely steps that will follow for my custody arrangement?

1 Answer | Asked in Immigration Law, Child Custody, Civil Rights and Family Law for Massachusetts on
Q: Seeking legal protection and custody advice in unstable marriage due to threats and racial hostility.

I am a Nigerian immigrant with a 10-year green card expiring in 2033, married to an American citizen, and the father of a nearly two-year-old son. My marriage has become unstable, marked by my spouse's threats to expel me from our home, including one real incident. Additionally, I face racial... View More

James L. Arrasmith
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answered on Apr 5, 2025

First, your safety and your child's well-being come first. If your spouse is threatening you or has forced you out of your home, you can contact local authorities or a family court to seek a protective order. This can help prevent future incidents and give you legal grounds to stay in the home... View More

0 Answers | Asked in Child Support and Family Law for Massachusetts on
Q: How does relocation affect my Massachusetts child support order?

I have a court order in Massachusetts requiring me to pay child support for my two college-attending children. I plan to voluntarily relocate across the country within the next year, and I would like to modify the child support order due to my relocation. I am currently estranged from my children... View More

0 Answers | Asked in Child Support and Family Law for Massachusetts on
Q: How to extend child support for a daughter in MA, who is still a full-time student, after age 21 and address arrears?

I currently have a child support case in Massachusetts, but I reside in Florida. My daughter turned 21 in December 2024, and up until that point, I had extended child support because she was a full-time high school student. The support payments ended in December 2024, but her father hadn't... View More

0 Answers | Asked in Employment Law and Family Law for Massachusetts on
Q: Can employer deny PFML extension post-acquisition?

I was employed with my original employer from June 2021 until the company was acquired on March 1, 2025, while I was on Paid Family and Medical Leave (PFML) from January 12, 2025, to April 12, 2025. My primary care physician submitted an extension for me until June 1, 2025, the maximum time... View More

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: Can child support be modified due to children’s current living and schooling situations in MA?

I have a 21-year-old daughter who lives full-time in her college dorm despite the divorce decree stating she would live with her mother. My 18-year-old son, who just turned 18, will be living at home while attending trade school with full benefits and pay. The child support order was issued in... View More

Brian Waller
Brian Waller
answered on Mar 3, 2025

The easy answer is yes, you can always ask the court to recalculate child support if there is a difference in the amount of child support in effect compared to what the child support would be based on recalculation.

To go a little deeper though, you should first recalculate child support...
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1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Massachusetts on
Q: Will withholding child from father affect child support case?

I recently left my son's father and moved back to Massachusetts. We were never married. I've raised concerns about a bunk bed he bought for our two-year-old son, but when I asked to see a picture for safety reasons, he insulted me. He has violent tendencies, although never physical with... View More

Lissa McKinney
Lissa McKinney
answered on Feb 17, 2025

Situations like this are best managed in Court, so the boundaries are clear. You may be afraid, but the real question is whether you have a real fear of harm to your child as a result. If he has never harmed the baby and offers responsible care, you might look bad for refusing the parenting time.... View More

1 Answer | Asked in Appeals / Appellate Law and Family Law for Massachusetts on
Q: Seeking attorney to appeal family law judgment due to perceived bias and improper evidence consideration.

I am seeking a family law attorney to assist with appealing a judgment in my area (02145). I believe the judgment was unfair and biased towards the wealthier party, resulting from a 12-year process. On the trial's final day, the judge appeared dismissive, especially since the other party was... View More

Brian Waller
Brian Waller
answered on Feb 17, 2025

Family law appeals are an uphill battle and the majority of appeals are unsuccessful. Judges have tremendous discretion in deciding issues, and reviewing courts (like the Appeals Court) defer to the judge's determinations regarding credibility of the parties. A reviewing court will almost... View More

1 Answer | Asked in Appeals / Appellate Law and Family Law for Massachusetts on
Q: How can a pro se def. appealing a 209A order in MA serve the plaintiff with the Notice of Appeal w/o violating the 209A?

209A is a restraining order.

Brian Waller
Brian Waller
answered on Feb 5, 2025

You can contact the court that issued the restraining order and ask them to serve the Plaintiff. You are right to approach this with caution, it could be a violation of the 209A order. If you were to be represented by counsel, the attorney could serve the plaintiff without violating the 209A... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: I’m currently paying child support monthly and my son lives with me full time Cory made it a hassle to stop amicably

Me and the mom are no longer getting along and she refuses to return the child support money to me even though my son lives with me and she only takes him about a day or two per month. we filed for the child support to stop (when we were getting along) but the court rejected it what can/should I do!

Brian Waller
Brian Waller
answered on Jan 24, 2025

You should file a Complaint for Modification with the court ASAP. You can ask for child support to be adjusted retroactively, but the court can only go back to the date that the other party was served with the summons on your Complaint for Modification. If you go to the courthouse and ask for the... View More

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: Can I file a complaint for contempt in MA for child support without legal representation?

I am unable to afford legal representation and have contacted multiple organizations offering free services - none of which are able to offer me services at this time. I understand I have burden of proof. The Agreement states clearly what the obligations are. There have been multiple aspects he has... View More

Brian Waller
Brian Waller
answered on Jan 17, 2025

You can absolutely file for contempt without an attorney. A Complaint for Contempt is on the easier end of the spectrum compared to other types of cases in Probate & Family Court because the issues tend to be pretty discrete.

You will first need to show that there was an order in...
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1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: My wife initiated the divorce, infidelity on her part.Am i entitled to any financial compensation.
Garry M. Greenberg
Garry M. Greenberg
answered on Jan 1, 2025

Unfortunately, infidelity in a marriage does not give you any specific right to financial compensation. Michigan is a no-fault divorce state, so anyone can get divorced for any reason. However, infidelity can be one factor in determining the distribution of the marital estate, i.e. the marital... View More

1 Answer | Asked in Child Custody, Family Law and Immigration Law for Massachusetts on
Q: Motion to get custody and change the supervisor visitation parenting time

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James L. Arrasmith
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answered on Dec 3, 2024

When seeking to modify custody and supervised visitation arrangements in Massachusetts, you'll need to file a modification complaint with the court that issued your original custody order. You'll have to demonstrate that there has been a material change in circumstances since the last... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Massachusetts on
Q: How can I get ex-husband off my mortgage and deed in MA?

I have been divorced for many years and would like to get my ex-husband's name off the mortgage and deed to the house. When we got divorce divorced, I assumed all responsibility for the house including mortgage payments, repairs, maintenance, etc. He has not paid any money toward the house at... View More

Brian Waller
Brian Waller
answered on Nov 5, 2024

This is nearly always specified in the Separation Agreement or Judgment of Divorce. If not, it may not have come to the judge's attention that there was real estate held in the names of both parties. Either way, you can remove your ex-husband's name from the mortgage by either refinancing... View More

1 Answer | Asked in Real Estate Law, Family Law and Domestic Violence for Massachusetts on
Q: Hi. The person that my Brother is unhappily married to, is threatening to take a share of the property, that we

inherited from our parents, if we don't let her live in the house! She has made it clear that she plans on doing whatever she has to, to get everything she can get from us, she has told him that. If his name wasn't on the title, could she still go after us?

She has posed for... View More

Christopher Tolley
Christopher Tolley
answered on Oct 29, 2024

It is possible your brother's wife could get his interest in the property upon his death or if he transfers his interest in the property to her. The wife's acts appear to affect him, not you, so any action against the wife would have to be initiated by him.

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Massachusetts on
Q: Do two party consent laws prevent someone from recording someone else in their own home if both people live there?

Regards video and audio recording. Is there an exception for possible domestic abuse scenario

Brian Waller
Brian Waller
answered on Oct 23, 2024

There can definitely be consequences for recording someone without their consent.

While I certainly DO NOT recommend recording someone without their consent, if it is a safety issue and you feel recording the other party may assist you in creating a safer situation for yourself (such as...
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2 Answers | Asked in Family Law, Estate Planning and Probate for Massachusetts on
Q: Hi and so my parents had some money in the bank my sister took when parents died. I believe a portion of it is mine.

And so what do I do?

Bao Tran
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Bao Tran
answered on Jul 25, 2024

I'm sorry to hear about the situation with your parents' estate. In cases where you believe you are entitled to a portion of your parents' money that was taken by your sister, there are several steps you can take to address the issue:

1. Review the Will and Estate Plan...
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1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Massachusetts on
Q: Can someone refer some lawyers in Massachusetts to help me file lawsuits against someone for civil rights violations?

I had stayed at home to raise three talented and good children as the primary caregiver for almost 13 years. Last year the father worked with a lawyer behind my back for almost a year, and together they provided false information and lies to the family court judge to obtain a temporary order on... View More

James L. Arrasmith
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answered on Jul 20, 2024

I'm sorry to hear about the distressing situation you've experienced. It sounds incredibly challenging, and it's important to find the right legal support to address these serious concerns. In Massachusetts, there are attorneys who focus on civil rights and family law who can help... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: I am 71 yrs old. Need to get a Quadro filed to get the pension from ex spouse. I am on SS ,my only income. Please help.

The pension was not mentioned at time of divorce by ex spouse or the lawyer.

Thomas J. Percy
Thomas J. Percy
answered on Jun 25, 2024

Good morning. I strongly suggest you contact our office and discuss getting this done, what's involved, and what it may cost 508-828-1900. Ty!

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