Massachusetts Questions & Answers

Q: If I file for divorce, I'm worried that my ex won't pay his share of child support. What can I do?

1 Answer | Asked in Divorce for Massachusetts on
Answered on Jul 26, 2017

Child support can be obtained via Motion for Temporary Orders and would be in an amount consistent with the Child Support Guidelines based upon income and custody and time with the children, etc. The Court will issue a wage assignment and the Department of Revenue is the enforcement agency for child support orders where a wage assignment is not suspended. You should meet with a domestic relations practitioner and be aware that the new Child Support Guidelines are going to be in effect in...
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Q: I received a request for modification for custody of my children. What to I do with this paperwork?? What do I do next?

1 Answer | Asked in Child Custody for Massachusetts on
Answered on Jul 25, 2017

You should consider hiring counsel to prepare an Answer and also to address whatever issues appear to have prompted the Plaintiff to file a Modification petition. You should be aware that there is a short time frame for filing an Answer as indicated on the Summons and the Answer should address each paragraph of the Complaint, but also, there may be grounds for dismissal which you should be informed of by consultation with an attorney who practices domestic relations as soon as possible.
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Q: How can I get legal custody of my daughter, even if I'm still with her mother? Do I have to go through the courts?

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Answered on Jul 25, 2017

If you have been designated the father on the child's birth certificate, that would be a positive sign. There is a Paternity Petition through the Probate Court covering the locality where the child was born or resides and you can seek to establish or acknowledge paternity. You can also seek joint legal custody thereunder as the presumption is that an unmarried mother has sole custody physical and legal.
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Q: I was in a car accident -- two other cars, one of the drivers was uninsured

1 Answer | Asked in Personal Injury for Massachusetts on
Answered on Jul 20, 2017

Your ability to get compensated will depend on the amount of coverage in place, the severity of the injuries, the amount of the medical bills, and the potential claims of other injury victims (if any). Contact an attorney to find out the totality of coverage and the next action steps to take to protect and enforce your legal rights. Good luck.
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Q: Child support question.

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Answered on Jul 20, 2017

Was he married to the child's mother? If not, there would have been a Paternity Petition or an Acknowledgment of Paternity.
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Q: I am an equity partner in a company overseas and want to understand some details

1 Answer | Asked in Banking, Business Formation and Business Law for Massachusetts on
Answered on Jul 20, 2017

A EU company depending upon the jurisdiction it is incorporated can loan money to a US corporation. The Amount of money that is required to be withheld will depend upon the tax treaty as well as the amount of tax it is required to pay to the US. The foreign entity will need to apply for and obtain a TIN. There are other ways of handling the matter including open a US subsidiary such as a LLC and use it as the nominee for such transactions. The EU company is I assume formed in a jurisdiction...
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Q: Can a parent deed over their house to a disabled son upon entering a nursing home to avoid having to use that asset for

1 Answer | Asked in Elder Law for Massachusetts on
Answered on Jul 20, 2017

To generalize, yes, but the adult child disability award documents should be reviewed as well as there being the issue of whether the parent has the competence to execute deeds and legal documents. If the parent is at the point of entering a nursing home. Also, there are many considerations the parent should be aware of . There are trusts that can be set up for he benefit of the adult disabled child and therefore, meet with an attorney who specializes in Medicaid planning and special...
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Q: I used a premarital IRA ($100k for a down payment on a rental property. The property was bought after my marriage.

1 Answer | Asked in Family Law for Massachusetts on
Answered on Jul 18, 2017

What was the source of the funds? Was the IRA created pre-separation? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: Can I legally move out of mass to Florida with my 3 month old baby without the consent of her father?

1 Answer | Asked in Family Law for Massachusetts on
Answered on Jul 18, 2017

He may report that as abduction and file a custody matter in court to object to the move-away. You may want to file a custody matter and request the right to move away. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in...
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Q: is it legal for a police dept to file a false warrant " do a "favor" for someone

1 Answer | Asked in Constitutional Law and Criminal Law for Massachusetts on
Answered on Jul 18, 2017

No. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute...
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Q: If you're still living in a house that was taken by the town can you pay the taxes and get it back?

1 Answer | Asked in Real Estate Law for Massachusetts on
Answered on Jul 14, 2017

Who owns the house now? Is she being evicted? Was the foreclosure finalized and sale transferred? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: do i need to tell my kids mom where i go with my kids at all time or only when i leave out of state

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Answered on Jul 14, 2017

What are the court orders about that? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: Does a landlord need to remove the second kitchen when combining two apartments as is done in New York?

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Massachusetts on
Answered on Jul 14, 2017

It depends on your local zoning and building rules. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: 8yo daughter wants to live with me mother said yes but wants agreement I would let her go back of she wishes.

1 Answer | Asked in Family Law for Massachusetts on
Answered on Jul 14, 2017

Have you two filed for custody rights in court? That is a key first step. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce...
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Q: can you be fired for insubordination because you contacted HR anonymously after being forbidden by manager

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Jul 14, 2017

How can you be forbidden from contacting HR for a problem. What was the underlying issue you were having that caused you to contact HR? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following...
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Q: DOR attaches paycheck for support. Oldest has graduated from college. Do I need to file for modification or does DOR?

1 Answer | Asked in Child Support for Massachusetts on
Answered on Jul 14, 2017

You would need to file to modify or terminate child support orders. What are the terms of the standing orders? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: 30 day rule of security deposit. I moved out on May 31st they sent me a letter on June 29th didn't receive til 7/3

1 Answer | Asked in Securities Law and Landlord - Tenant for Massachusetts on
Answered on Jul 14, 2017

Have they refunded you? If not, did they provide reasons and invoices for repairs in writing? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: When is it sufficient to try to get into the right lane after coming from a one-lane left hand turn on a two-way High tw

1 Answer | Asked in Traffic Tickets for Massachusetts on
Answered on Jul 14, 2017

See my prior answer. You posted this in NY as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: In apt. 7 years. Cats allowed. Carpet needs replacing. Paid security deposit + pet deposit. Sued if cost above deposit?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Answered on Jul 14, 2017

That may be considered normal wear and tear, but it depends on the damage you caused. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: Do i NEED A GUARDIAN AD LITEM for my children when medical records have been court ordered?

1 Answer | Asked in Criminal Law for Massachusetts on
Answered on Jul 12, 2017

This is too vague to answer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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