Massachusetts Questions & Answers by Practice Area
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Massachusetts Questions & Answers
Q: ex husband had car registered in my name and I didn't know about it. now we are divorced and I had to pay fees.
Lillian J. LaRosa's answer
You should discuss this with your divorce attorney ASAP and review the Financial Statements you each submitted to the Court for the divorce and the terms of the Separation Agreement.
Are there other misrepresentations or nondisclosures he made?
You should discuss this with your divorce attorney ASAP and review the Financial Statements you each submitted to the Court for the divorce and the terms of the Separation Agreement.
Are there other misrepresentations or nondisclosures he made?
Q: Caregiver for senior with dementia and diabetes suspected of abuse/neglect. Who to report to?
Lillian J. LaRosa's answer
This sounds like neglect and you should contact the Elder services office again to report that you have this information.
This sounds like neglect and you should contact the Elder services office again to report that you have this information.
Q: My husband has turned the kids against me saying there currant issues are my fault and I am making them sick. What Can i
1 Answer
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Divorce, Child Custody and Child Support
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Massachusetts
on
Answered on Aug 14, 2018
Answered on Aug 14, 2018
Lillian J. LaRosa's answer
First of all, smoking weed with the children is inappropriate and if the DCF learns of this "neglect" on his part, he will likely need to be removed from the home by you or you will need to leave the home with the children or you can be accused of also being neglectful by DCF. Are the children in any kind of therapy? Clearly this is a starting point for child care. A suicidal child should be brought to the ER of the local hospital and not told that your caring level is the cause. Have you...
First of all, smoking weed with the children is inappropriate and if the DCF learns of this "neglect" on his part, he will likely need to be removed from the home by you or you will need to leave the home with the children or you can be accused of also being neglectful by DCF. Are the children in any kind of therapy? Clearly this is a starting point for child care. A suicidal child should be brought to the ER of the local hospital and not told that your caring level is the cause. Have you...
Q: My grandmother has passed and my mother was her estate executor. My mother passed and I am her estate personal rep.
Lillian J. LaRosa's answer
Hello, it appears that you will need to file a Formal Petition for Appointment of Successor Personal Representative on your grandmother's estate and be appointed Successor unless there was an alternate to your mother named in grandmother's Will, in which case he or she can file for Successorship but will need your mother's death certificate also.
Hello, it appears that you will need to file a Formal Petition for Appointment of Successor Personal Representative on your grandmother's estate and be appointed Successor unless there was an alternate to your mother named in grandmother's Will, in which case he or she can file for Successorship but will need your mother's death certificate also.
Q: Can a court mandate anger management if a person has not gone through probation or had explicit orders from said court.
Dakota Martin's answer
Is there another magistrate hearing or date to go back?
I would politely contact the court (in person), and simply inquire about the anger management. They may just clear up the issue and solve your problem. Or they may tell you that the magistrate put notes in the file that your boyfriend has to complete some program. If that's the case DO IT.
The classes are easy and if the result is no criminal case, no criminal record, case dismissed. . . it's a win win.
Is there another magistrate hearing or date to go back?
I would politely contact the court (in person), and simply inquire about the anger management. They may just clear up the issue and solve your problem. Or they may tell you that the magistrate put notes in the file that your boyfriend has to complete some program. If that's the case DO IT.
The classes are easy and if the result is no criminal case, no criminal record, case dismissed. . . it's a win win.
Q: What are the tax implications of renting out parking spaces out of my driveway in the city of Cambridge, MA ?
John Espinosa's answer
For tax purposes, any income received from renting space on your driveway would be taxable likely as rental income on Schedule E. Consult a tax professional to go over your options with this kind of income. Seperately, the city or your real estate title documents may have restrictions that prevent you from doing that. Consult a real estate attorney to research that for you.
For tax purposes, any income received from renting space on your driveway would be taxable likely as rental income on Schedule E. Consult a tax professional to go over your options with this kind of income. Seperately, the city or your real estate title documents may have restrictions that prevent you from doing that. Consult a real estate attorney to research that for you.
Q: Shoplifting. Kmart. First offense. Less than $20. How to proceed? Terrified Independant Grad student
Dakota Martin's answer
Never heard of this “shakedown”
Didn’t even know KMart was still in business.
Call a lawyer. Don’t communicate with CAP as they will likely use it to prosecute you after the fact. *i am not clear on this but I’ve seen abuse of the system through companies who claim to be lawyers demanding payment on “stolen” merchandise which was completely recovered , on cases that were dismissed.
You don’t need Johnny Cochran , but a criminal lawyer will suffice....
Never heard of this “shakedown”
Didn’t even know KMart was still in business.
Call a lawyer. Don’t communicate with CAP as they will likely use it to prosecute you after the fact. *i am not clear on this but I’ve seen abuse of the system through companies who claim to be lawyers demanding payment on “stolen” merchandise which was completely recovered , on cases that were dismissed.
You don’t need Johnny Cochran , but a criminal lawyer will suffice....
Q: Could I be a U.S citizen already?
Kevin L Dixler's answer
All of the documentation must be certified and proper. Otherwise, the USCIS can issue a request for additional evidence, perhaps, even deny the application, which may seem unlikely. This can delay matters. If you have concerns, then consider hiring a competent immigration attorney. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship.
All of the documentation must be certified and proper. Otherwise, the USCIS can issue a request for additional evidence, perhaps, even deny the application, which may seem unlikely. This can delay matters. If you have concerns, then consider hiring a competent immigration attorney. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship.
Q: Modifying a Child Support order to end support payments to mom when 18 yr old moves in with dad. Child going to colleg
Lillian J. LaRosa's answer
Is the child in agreement to living with you primarily when he or she is in college? Did you previously have a close relationship with the child? If the answer to these questions is yes, then you can pursue a Modification of support once he or she moves in with you.
Is the child in agreement to living with you primarily when he or she is in college? Did you previously have a close relationship with the child? If the answer to these questions is yes, then you can pursue a Modification of support once he or she moves in with you.
Q: How do I file change of custody order docs when living out of state?
Lillian J. LaRosa's answer
You sound like you moved out of state some time after the Visitation Orders issued, am I correct? If so, then you would need a Modification and you can request a Modification of child support if you will need to travel to see the children or have them travel to see you. Potentially you are also experiencing a contempt situation but it is not clear from your question. It is very difficult to conduct litigation pro se from out of state and you should strongly consider hiring counsel to represent...
You sound like you moved out of state some time after the Visitation Orders issued, am I correct? If so, then you would need a Modification and you can request a Modification of child support if you will need to travel to see the children or have them travel to see you. Potentially you are also experiencing a contempt situation but it is not clear from your question. It is very difficult to conduct litigation pro se from out of state and you should strongly consider hiring counsel to represent...
Q: When do you need an Adam Walsh waiver?
Hector E. Quiroga's answer
It is unlikely that you will need to even file this waiver; however, if it is requested, you need to show that you are not going to be a threat to the relative you wish to bring over. The fact that the case was dropped would work in your favor.
It is unlikely that you will need to even file this waiver; however, if it is requested, you need to show that you are not going to be a threat to the relative you wish to bring over. The fact that the case was dropped would work in your favor.
Q: who fixes martial home while living in it??
Lillian J. LaRosa's answer
It sounds like there was a lot of damage and you should contact your divorce attorney to discuss whether there is a viable contempt for the waste to the property ASAP!
It sounds like there was a lot of damage and you should contact your divorce attorney to discuss whether there is a viable contempt for the waste to the property ASAP!
Q: Are a couple's assets divided 50-50 in a divorce?
Lillian J. LaRosa's answer
In a long term marriage, generally yes. However, there are statutory factors involved which could result in a different outcome. Retirement and pension benefits acquired prior to the marriage are generally not included. Generally with shorter marriages the assets acquired during the marriage period are divided equally, but not the assets prior to the marriage.
In a long term marriage, generally yes. However, there are statutory factors involved which could result in a different outcome. Retirement and pension benefits acquired prior to the marriage are generally not included. Generally with shorter marriages the assets acquired during the marriage period are divided equally, but not the assets prior to the marriage.
Q: How soon after the death can the survivors bring a wrongful death case?
Michael O. Smith's answer
In most circumstances, you have 3 years to file a wrongful Death lawsuit in Massachusetts. You usually need to have a representative to the decedents estate appointed by the probate and family court to proceed with a wrongful death action. I suggest you contact an experienced attorney in these matters for help.
In most circumstances, you have 3 years to file a wrongful Death lawsuit in Massachusetts. You usually need to have a representative to the decedents estate appointed by the probate and family court to proceed with a wrongful death action. I suggest you contact an experienced attorney in these matters for help.
Q: I heard there's a time limit on filing a suit, but what if i get add'l complications as time goes by?
James A. Swartz's answer
Although there are some circumstances when the "tolling" of a statute of limitations can occur, the clock almost always starts ticking from the date of injury, or when a potential plaintiff reasonably should have known of an injury. The fact that an initial injury has gotten worse over time does not usually present a scenario whereby the time for filing suit may be enlarged, however the particular factual circumstances would need to be examined.
Although there are some circumstances when the "tolling" of a statute of limitations can occur, the clock almost always starts ticking from the date of injury, or when a potential plaintiff reasonably should have known of an injury. The fact that an initial injury has gotten worse over time does not usually present a scenario whereby the time for filing suit may be enlarged, however the particular factual circumstances would need to be examined.
Q: State MA - Servicer refuses full payment to cure loan default, Wired payment to their attorney, He sends personal check
Christopher Tolley's answer
Call the attorney general's office or the Massachusetts banking commissioner. Both have units that deal with this type of behavior.
Call the attorney general's office or the Massachusetts banking commissioner. Both have units that deal with this type of behavior.
Q: I live in mass and don’t want my ex’s current girlfriend around our two kids. Will a judge grant that order?
Lillian J. LaRosa's answer
Hello, if there is a visitation order contained in a Separation Agreement and Divorce Judgment or a Paternity or Custody and Support matter you can seek a Modification Complaint based upon her presence during visitation with information as to how she is having an adverse effect on the children - the background of this individual was not stated so it is difficult to make much of a comment-also the ages of the children are important to know. If the Court finds that she is not an acceptable...
Hello, if there is a visitation order contained in a Separation Agreement and Divorce Judgment or a Paternity or Custody and Support matter you can seek a Modification Complaint based upon her presence during visitation with information as to how she is having an adverse effect on the children - the background of this individual was not stated so it is difficult to make much of a comment-also the ages of the children are important to know. If the Court finds that she is not an acceptable...
Q: My ex-husband filed for bankruptcy after our divorce. We had a loan in both of our names that I can't pay on my own. Is
Timothy Denison's answer
It is likely that he cannot discharged that debt if it is part of a domestic support obligation from your divorce. Check with an experienced bankruptcy attorney near you and see if you can’t force him to pay it.
It is likely that he cannot discharged that debt if it is part of a domestic support obligation from your divorce. Check with an experienced bankruptcy attorney near you and see if you can’t force him to pay it.
Q: Can I file a I 130 form in order to give MY FATHER a a green card?
Noah Klug's answer
Yes, you can still file for him. As an "immediate relative," his past immigration violations are essentially forgiven under the law.
Yes, you can still file for him. As an "immediate relative," his past immigration violations are essentially forgiven under the law.
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