Robert Guillory Esq's answer If you are just going for child support you will have to present some information to the court as to what his income is and what your income is. they will also need to know cost of daycare if any, cost of insurance for the child/children only, and if there are any extraordinary medical expenses for the child. With all of that information the court will calculate what the child support will be. if you dont know how much he makes it would help if you at least knew what he does for work.
Robert Guillory Esq's answer The first thing you should do is consult with an attorney in Massachusetts. i dont know Massachusetts law but in Maine people cannot agree to modify child support on their own, it must be done by court order signed by a judge. if you have a court order that says the support drops if you move to Maine then that is what it is. if the court order does not say that then he probably owes you whatever the court order said. Either way you can move to modify the court order in Maine since you have been...
Tough situation, of course, but there is good news and bad news for you.
The good news is that the courts will only look back over the past six years, not the full 11. The other good news is that many payments you made to her toward support of your second child (clothing, education, medical bills, etc.) can be credited as back support that was actually paid. More good news is that you won't have to pay it all at once. Finally, the court has a lot of discretion as...
Robert Guillory Esq's answer you can file a motion to modify the order giving the father sole parental rights to change the contact provisions and primary residence etc. you will have to show something has changed since the order giving sole rights to dad. That would be your son's reaction to living with his dad. Of course if yoiu do this dhhs may become involved again.
Joe Lewis' answer Actually, there is no 6-month minimum for a judicial separation as there is with divorce. The only requirement other than being married is that you plan on living apart or have already lived apart for 60 consecutive days. The other differences between divorce and legal separation are pretty nuanced. You should ask a family lawyer directly!
If you want to straight-up get divorced, you will have better luck with NC, but even that might not really work if you both now live here in ME.
Joe Lewis' answer Not necessarily. There is a form on the court's website called "Certificate in Lieu of Financial Statement" that enables you both to tell the court that there is no need to fill out the FM-043 form because you agree on all the financial issues.
The only financial information on the child support affidavit that always matters is gross income. The definition of gross income is a hotly litigated issue in a lot of child support cases. The relevant statute can be found here: http://www.mainelegislature.org/legis/statutes/19-A/title19-Asec2001.html (subsection 5)
Other financial information can also come into play in a child support case because Maine law allows for a deviation from guideline child support...
Joe Lewis' answer As always, if you have court-ordered rights to visitation and your co-parent is getting in the way of that happening, you can simply take her back to court on a motion to enforce or a motion for contempt. If this is a persistent thing, or part of a larger co-parenting problem, you may wish to consider getting a new order by way of a motion to modify.
That said, it sounds like your children's mom is pretty freaked out by an incident that directly involves your children's environment. I...
Assuming that the shared custody order was a Maine order, you and your child's father should be able to file a stipulated motion to modify that order to reflect your desired change to sole parental rights and responsibilities. It is important to provide the court with a draft order for signature that indicates that no hearing is necessary because the two of you agree.
The issue of what to do about child support will need to be addressed as well. If asked, the court will...
Joe Lewis' answer The only way to modify a child support obligation is via a motion to modify child support. Even if your daughter is living with her father, his court order remains in place, and the obligation will be enforceable.
Joe Lewis' answer Well, it probably isn't extortion, a word that has a precise legal meaning, but it does sound kind of rude.
Contempt won't work against you if you've already paid off the loan. In other words, you've done what you were told to do, albeit too slowly. On the other hand, if she has been ordered by the court to quit claim some real estate to you and she hasn't yet done it, she is probably at risk of a contempt motion going in her direction.
Christian Foster Esq's answer You have not given me enough information to say for sure. If the spouse has made a statement under oath which he/she knew was not true there is a case for perjury or false swearing. There may also be a civil case for abuse of process if you can prove the spouse deliberately misused the judicial process. Contact a lawyer in your jurisdiction for more complete advice.
Terrence H Thorgaard's answer Talk to the commanding officer to verify that your husband was accurate when he related what the C.O. said. Assuming this is true, you don't appear to have much choice but to sue your husband for separation or divorce, including child support and perhaps alimony.
Robert Guillory Esq's answer To get these rights in Maine is almost impossible. You would have to show the Court that at some point in the child's life you were essentially acting as the child's parent with the consent of the biological parents. You have to prove you were in the position of being a "de facto" parent and that now your contact has been cut off and that it would be in the best interest of the child for you to have contact. In Maine parent's rights are protected and it is presumed that they know what's best...
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