Massachusetts Questions & Answers by Practice Area
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Massachusetts Questions & Answers
Q: My ex is remarrying. I pay the family health insurance. He pays child support below what state would have him pay.
Lillian J. LaRosa's answer
You have not stated why he needs to be removed from your health insurance- does he have other medical coverage opportunities? What does your divorce/separation agreement state about providing coverage and allocation of cost? There are also new child support guidelines which went into effect in September, so it would be prudent to run them and If there is a material change in the weekly support then a Modification could be pursued, but consult with counsel first.
You have not stated why he needs to be removed from your health insurance- does he have other medical coverage opportunities? What does your divorce/separation agreement state about providing coverage and allocation of cost? There are also new child support guidelines which went into effect in September, so it would be prudent to run them and If there is a material change in the weekly support then a Modification could be pursued, but consult with counsel first.
Q: We are trying to get guardianship of our minor grandchild. The paternal grandmother currently has guardianship.
Lillian J. LaRosa's answer
You can contact New Hampshire counsel as soon as possible citing these facts. Best wishes.
You can contact New Hampshire counsel as soon as possible citing these facts. Best wishes.
Q: I owe 4 months condo fee and add late fees send me letter that is going to collection agency what action should I take
1 Answer
| Asked
in
Collections, Consumer Law and Real Estate Law
for
Massachusetts
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Christopher Tolley's answer
Most condominiums in Massachusetts have provisions for charging late fees, attorney's fees and expenses of collection. Six months of past due common area fees are a lien on the unit prior to any first mortgage. Because of this, and because Massachusetts cases have held that common area fees and costs of collection are similar to real estate taxes, condominium associations I have dealt with are not inclined to discount or waive common area fees or late fees.
However, here are some other...
Most condominiums in Massachusetts have provisions for charging late fees, attorney's fees and expenses of collection. Six months of past due common area fees are a lien on the unit prior to any first mortgage. Because of this, and because Massachusetts cases have held that common area fees and costs of collection are similar to real estate taxes, condominium associations I have dealt with are not inclined to discount or waive common area fees or late fees.
However, here are some other...
Q: I was out of town on tax day and forgot to file on time. What should I do now?
Frank Huerta Jr's answer
If you owe taxes, file as soon as possible. If you are entitled to a refund you can file within 3 years of the due date, but I would still recommend you file as soon as possible.
If you owe taxes, file as soon as possible. If you are entitled to a refund you can file within 3 years of the due date, but I would still recommend you file as soon as possible.
Q: I reside in Massachusetts had my child since she was born till I decided willing to let the father have one child
1 Answer
| Asked
in
Family Law, Child Custody and Juvenile Law
for
Massachusetts
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Lillian J. LaRosa's answer
If you are living in Massachusetts with one of the children, Massachusetts has jurisdiction over that child. However, if the other child is living in another state for 3 years Massachusetts does not have jurisdiction over the other child- the other state does . You have not stated whether there was a proceeding in any Court in Massachusetts involved with either child so it is difficult to make suggestions.
If you are living in Massachusetts with one of the children, Massachusetts has jurisdiction over that child. However, if the other child is living in another state for 3 years Massachusetts does not have jurisdiction over the other child- the other state does . You have not stated whether there was a proceeding in any Court in Massachusetts involved with either child so it is difficult to make suggestions.
Q: How do I proceed if a creditor is ignoring that I have an automatic stay?
Christopher Tolley's answer
If you are currently in bankruptcy, you have not received a discharge and the case is still open, creditors are prohibited by the automatic stay in bankruptcy from taking acts to collect debts from you personally. If a creditor is seeking to collect a debt from you by writing letters, calling you, filing a lawsuit, etc., the creditor may have violated the automatic stay. You should definitely call the attorney who filed your bankruptcy case for you and tell him/her what the creditor is doing,...
If you are currently in bankruptcy, you have not received a discharge and the case is still open, creditors are prohibited by the automatic stay in bankruptcy from taking acts to collect debts from you personally. If a creditor is seeking to collect a debt from you by writing letters, calling you, filing a lawsuit, etc., the creditor may have violated the automatic stay. You should definitely call the attorney who filed your bankruptcy case for you and tell him/her what the creditor is doing,...
Q: What happens if one of multiple heirs to a wrongful death suit doesn't want the other heirs to sue?
Peter Munsing's answer
The heirs that believe a suit is appropriate should raise an estate. That person can chose not to receive money.
The heirs that believe a suit is appropriate should raise an estate. That person can chose not to receive money.
Q: Reserved a uhaul online.My fiance picked it up, contract in my name.he hit parked car. Will safeplus insurance cover us?
Peter Munsing's answer
Your position is he picked it up, probably gave his license, he is the person they allowed to drive, they cover. To cover all bases, you and he should notify your companies as secondarily liable.
Your position is he picked it up, probably gave his license, he is the person they allowed to drive, they cover. To cover all bases, you and he should notify your companies as secondarily liable.
Q: How long would it take to get divorced if I moved out of state during the proceedings?
Lillian J. LaRosa's answer
Are there children involved? Moving does not in and of itself add time to obtain a divorce, but it could complicate questions of child support, visitation, custody, and medical coverage and alimony. You cannot move out of Massachusetts with the children without Court approval.
Are there children involved? Moving does not in and of itself add time to obtain a divorce, but it could complicate questions of child support, visitation, custody, and medical coverage and alimony. You cannot move out of Massachusetts with the children without Court approval.
Q: I live in Massachusetts, my niece and nephew are living in Ohio with their mom. Neither parent is fit. Can I get custody
Lillian J. LaRosa's answer
Because the children are living in Ohio, I feel that this is an Ohio legal issue.
Because the children are living in Ohio, I feel that this is an Ohio legal issue.
Q: Ex is trying to get custody of now 14 year old daughter because of her grades. What are the chances?
Lillian J. LaRosa's answer
If the issue is only the child's grades and you are effectively working on obtaining a new IEP then it does not appear that there is a basis for custodial change. If you were not working on the new IEP he would have a potential case for Modification of custody. It does sound like he may want more time with the child and if he is sober the Court would entertain her wishes with regard to increased visitation, however. Sometimes there is a "try it out" period to see how the child does with...
If the issue is only the child's grades and you are effectively working on obtaining a new IEP then it does not appear that there is a basis for custodial change. If you were not working on the new IEP he would have a potential case for Modification of custody. It does sound like he may want more time with the child and if he is sober the Court would entertain her wishes with regard to increased visitation, however. Sometimes there is a "try it out" period to see how the child does with...
Q: How can I reclaim costs incurred by my dead brother on improvements he made to a rented house to his estate?
Christopher Tolley's answer
There are several preliminary issues. First, any right to recovery would be held by your brother's estate or a trust or other entity that took over his rights upon his death. In most cases only a decedent's probate estate or testamentary trust has a right to pursue the decedent's debts. If no estate has been filed or there is no testamentary entity, it may be no one has a right to recover on your brother's behalf.
Second is the agreement between your brother and the landlord as to the...
There are several preliminary issues. First, any right to recovery would be held by your brother's estate or a trust or other entity that took over his rights upon his death. In most cases only a decedent's probate estate or testamentary trust has a right to pursue the decedent's debts. If no estate has been filed or there is no testamentary entity, it may be no one has a right to recover on your brother's behalf.
Second is the agreement between your brother and the landlord as to the...
Q: What form/filing do I need to have my husband sign any rights he has to equity/ownership to our home over to me?
Lillian J. LaRosa's answer
Is this in the context of a divorce? I am assuming so. Property division must also be fair and reasonable or the Probate Court will not approve of same. Also, normally the refinancing of the property into your sole name is to take place contemporaneously with the exchange of the Deed in a divorce.
Is this in the context of a divorce? I am assuming so. Property division must also be fair and reasonable or the Probate Court will not approve of same. Also, normally the refinancing of the property into your sole name is to take place contemporaneously with the exchange of the Deed in a divorce.
Q: Can I get all files concerning my sons custody/ child support from his fathers attorney that represented him in 2012?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Massachusetts
on
Answered on Apr 11, 2018
Answered on Apr 11, 2018
Lillian J. LaRosa's answer
You would normally not be entitled to the attorney's file if you were not the client.
You would normally not be entitled to the attorney's file if you were not the client.
Q: I filed a complaint for divorce pursuant to G.L. c.208 1B. Do I need representation?
1 Answer
| Asked
in
Child Custody, Child Support and Divorce
for
Massachusetts
on
Answered on Apr 11, 2018
Answered on Apr 11, 2018
Lillian J. LaRosa's answer
You should address why the DCF feels that you should not have the children with the DCF. Have they made recommendations or a service plan for you to follow? If not you can request same.
You should address why the DCF feels that you should not have the children with the DCF. Have they made recommendations or a service plan for you to follow? If not you can request same.
Q: Can the court change an agreement regarding real estate after divorce
Lillian J. LaRosa's answer
This would normally be pursued in a Contempt Complaint to enforce the provisions of the Divorce Judgment and Separation Agreement. If the Court finds that the failure to comply was not willful or a clear violation the Court could grant some additional time to comply if t he circumstances justify that but the Court will not set aside the property division itself.
This would normally be pursued in a Contempt Complaint to enforce the provisions of the Divorce Judgment and Separation Agreement. If the Court finds that the failure to comply was not willful or a clear violation the Court could grant some additional time to comply if t he circumstances justify that but the Court will not set aside the property division itself.
Q: Can a no contact order be filed between me and another person on my behalf if I didn't consent
Lissa McKinney's answer
If you were involved in the arrest of your partner as a witness or complainant, then at his arraignment the Commonwealth requested a no contact order on your behalf. If you did not request it, or they did not speak to you about this at all, you may want to call the local Office of the District Attorney and be sure your voice is heard. The only way to undo this is for your partner to go to the Court asap and have the papers brought into the Courtroom and have that condition terminated. You may...
If you were involved in the arrest of your partner as a witness or complainant, then at his arraignment the Commonwealth requested a no contact order on your behalf. If you did not request it, or they did not speak to you about this at all, you may want to call the local Office of the District Attorney and be sure your voice is heard. The only way to undo this is for your partner to go to the Court asap and have the papers brought into the Courtroom and have that condition terminated. You may...
Q: Is it legal for a husband to search through his wife's phone?
Lissa McKinney's answer
There are no laws that make it illegal per se, unless he hacked into it and committed a cyber crime. There are many variables in play here otherwise. That might depend on who holds the account for the phone, who purchased it, and whether any family funds paid the bill for it; or whether it was password protected or left generally available. The smartphones of today are valuable mini computers, and could be seen as a joint marital asset too.
There are no laws that make it illegal per se, unless he hacked into it and committed a cyber crime. There are many variables in play here otherwise. That might depend on who holds the account for the phone, who purchased it, and whether any family funds paid the bill for it; or whether it was password protected or left generally available. The smartphones of today are valuable mini computers, and could be seen as a joint marital asset too.
Q: What are the options for me to ignore a person from your past that made you feel manipulated
Lissa McKinney's answer
I am a bit unclear whether you ever gave him the pictures and now he wants more, or he is just pestering you for them.
If he is truly blackmailing you by threatening to expose a picture of you publicly, that is called extortion, and is also a cyber crime and criminal harassment. Screen shot all those text messages and go to your local police department and report the facts to them. You do not want to succumb to this threat, but it is stressful living in fear as well. You may also be...
I am a bit unclear whether you ever gave him the pictures and now he wants more, or he is just pestering you for them.
If he is truly blackmailing you by threatening to expose a picture of you publicly, that is called extortion, and is also a cyber crime and criminal harassment. Screen shot all those text messages and go to your local police department and report the facts to them. You do not want to succumb to this threat, but it is stressful living in fear as well. You may also be...
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