This is actually an area of specialization. However, briefly, if you are within 30 days of the supported finding of abuse or neglect you can ask for a fair hearing and if the finding is adverse at the fair hearing, then the Superior Court would be involved if an appropriate appeal of the hearing...Read more »
We briefly reconnected for about two months winter 2018 and now we have a baby. I told him I was pregnant in April 2019 when I found out and I didn’t hear from him my entire pregnancy nor did I hear from him her entire first six months of life. I ended up contacting him for help which was a... Read more »
You should contact an attorney to discuss specific details, there is not much here to go on. If you want a divorce you'll need to go through the divorce process of filing in the probate and family court. If you fear for your safety and your child's safety, for any reason, you should...Read more »
Divorce and custody agreement was done in a different state (Rhode Island). 1. Father is moving out of current state to somewhere unknown 2. Father of the children reported to child support that he makes a certain amount for last three years when he makes almost triple of what he reported. He is... Read more »
So it looks like neither of you are in Rhode Island, so you can contact the Mass. Dept. of Revenue about Child Support Enforcement application and their seeking a Modification through the Probate Court in Massachusetts where you are residing for you as an option.
At this point I’m considering a restraining order against my ex, we agreed that I didn’t have to visit as long as I paid support. But she started trying to force me to visit, she shows up at my house with the kid occasionally. Last time I called the police and they made her leave but she’s... Read more »
While I practice in Florida, not Mass., in most states, courts cannot “force” a parent, against his or her will, to spend time with a child, but many can sanction a parent for their refusal, in some way, as forcing you seems contrary to the child’s best interest. Further, the court can...Read more »
If your question involves the MDOR then you and the other party need to contact the MDOR attorney or office involved with your case and indicate that there is going to be an Affidavit of No Arrears executed and request this be processed.
The level of child support is determined by the child support guidelines and you should try to estimate the sum based upon your income and what you know about mother's income as well as medical insurance information. Keep records of what you are paying directly ( cancelled checks and bank...Read more »
I need help to get custody of my daughter her mother is unfit and has been prostituting for the last 3 years, she has sexual intentions with police officers. I need help to get my daughter away from all this nonsense. Please help
Is the child being neglected or abused? If so you need an emergency order and should engage counsel in your geographical area. Otherwise you should consider filing a Modification of your current custodial orders.
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?
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...Read more »
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?
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.
It sounds like you will need a Modification in order to terminate the child support to mother. Are you still living in the original state where your orders issued from? If so, then the Court still has jurisdiction over the child support. If the "college" child is over 18 but not yet 21,...Read more »
There is a college contribution based upon UMass in state resident rates, so, for example, if you are paying over the anticipated maximum amount for the child in college, the weekly child support could be revisited by the Court in a Modification. You should contact your divorce attorney or a...Read more »
If the older child turned 23 the Child Support Guidelines for the one child -who I am assuming is a minor or at least is unemancipated-would need to be calculated for a Modification Petition, it is not an automatic divide by 2 situation. You should meet with a divorce practitioner who can discuss...Read more »
After my ex and I split, we both agreed on an informal child support agreement. He'd continue giving me access to his vehicle and keep my phone on his cell phone plan. After a few personal disputes, he's threatening to take them back knowing it'll affect our kids, ie getting to drs... Read more »
We were never married, I still visit when and only when she allows and i provide whenever asked and even when not. I just got a letter in the mail saying she opened a case and now I'm waiting for a court summons. i would like to be able to see my child without her constant supervision and id... Read more »
If paternity has been established then there is a Complaint for Custody and Support she may have filed and the Court can enter minimum child support orders due to your unemployment status. This legal proceeding is the forum for presenting your visitation requests as well.
You can request that the Court appoint a Guardian ad litem to investigate whether the claims against you are legitimate or are alienation . The Court can order payment of the GAL's fee to the requesting party or order both parties to pay for the GAL. In indigency or low income situations the...Read more »
We all lived in MA & The house is in MA. My ex husband and i have 2 children who are 17 and next of kin for his assets which were under 25,000, there was no will. His brother is now sole owner of home but is going through a divorce and house will be sold. Can i put in a claim through the house... Read more »
You should hire a probate practitioner as there is a specific way to perfect a claim against an estate that must be followed . Was his brother a joint tenant of the real estate? If not then he may not be the sole owner.
Both parents mutually agreed that our 16 year old would move to New York and enroll in schooling. We cannot agree on a modification of support. Is there a way to have the support (and custody) modified without having to appear in court or hire a lawyer? The process seems fairly straight forward... Read more »
There should be a Joint Modification Petition and Agreement and Financial Statements of both parties and if the MDOR is involved they need to be notified as well. You can go on the state website for the forms. Child support should be under the child support guidelines which are driven by the...Read more »
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