Lawyers, Answer Questions  & Get Points Log In
Massachusetts Questions & Answers
1 Answer | Asked in Car Accidents for Massachusetts on
Q: If someone doesn’t live With you and has an accident due to rain not with another car is it covered

So recently someone I consider my brother Who has lived with my mother for the last five years got into an accident in my car during a storm the car ended up in a ditch I have collision coverage on my insurance they called me yesterday and told me they are not going to cover the accident and now I... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 26, 2021

A Massachusetts attorney could advise best, but your question remains open for four weeks. You could review the policy closely to see what it is says about non-primary drivers. But as a general matter nationwide, carriers can deny coverage for users outside the policy holder's household. Good... Read more »

1 Answer | Asked in Child Support for Massachusetts on
Q: Ex stopped paying child support because he had one and I had one. His is 19 and out of his house. Mine is 17.

We had five. When third turned 18 he stopped support because he had one and I had one. Now I am only one with dependent child. Can I get support?

Kim Carnevale
Kim Carnevale answered on Sep 24, 2021

Massachusetts child support laws allow for child support and educational expenses payments even after your child turns 18 and up to 23 years of age. The court looks at whether your child is “principally dependent” upon one parent which is usually understood to mean that the adult child lives... Read more »

2 Answers | Asked in Family Law and Child Custody for Massachusetts on
Q: Does a lawyer have to file a notice of appearance before a court date?

Can someone just show up to court with a lawyer that they previously did not have?

Anthony C. Adamopoulos
Anthony C. Adamopoulos answered on Sep 21, 2021

Yes.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Massachusetts on
Q: Does a lawyer have to file a notice of appearance before a court date?

Can someone just show up to court with a lawyer that they previously did not have?

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 21, 2021

Basically you can hire counsel as long as you find one who will take your case. Occasionally counsel is brought in late in the proceedings and asks for a Continuance which the Court can allow. This may be the concern you have- delay of the proceedings. Occasionally counsel brought in may have a... Read more »

View More Answers

1 Answer | Asked in Consumer Law for Massachusetts on
Q: What steps should I take if being sued by debt collector? I received letter to appear in court. I owe a portion of debt.

I do not have means to pay amount owed. May I offer settlement to be paid over time?

Christopher Tolley
Christopher Tolley answered on Sep 20, 2021

Certain forms of income are exempt from collection. If you only have exempt income, the debt collector cannot collect funds from you. Exempt income includes, but is not limited to Federal old-age, survivors and disability payments, Supplementary Security Income (SSI) for the Aged, blind and... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Massachusetts on
Q: Does a reliquish of rights go I to affect the day it was signed. It was done in front of a notary public and witnesses

It is stamped, signed and dated and filed into court

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 15, 2021

It has to be filed with the Court and acted upon to take effect. If you have second thoughts you really should have counsel represent you!!

2 Answers | Asked in Child Custody for Massachusetts on
Q: Can I talk to my sons doctors/providers about his treatment while emergency temporary custody is with his grandparents?

I was just informed that my sons paternal grandparents filed, and were granted, emergency temporary custody of my son while I was receiving inpatient treatment for my mental health. I also just learned he has been hospitalized for suicidal ideation, which I was not informed of at all. I have always... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 14, 2021

It appears that you will need legal representation in a guardianship dispute and you can file a Motion for appointment of counsel by the Court if you are indigent. If you are not indigent then you should engage counsel once you are able to do so. It appears that you will need to take care of your... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: My mother has court ordered visits of one of my daughters, with the rise of Covid again, I'm not comfortable with it

They have 2 grown children who also live in MA and visit them almost daily, but my mother lives in RI. They aren't cautious, but I don't want to be held in contempt. I've offered video calls and outdoor visits, they won't budge. How do I keep my foot down?

Kimberly Erwin
Kimberly Erwin answered on Sep 12, 2021

I don’t know that you can. If the court order was entered after the start of the pandemic, you most likely need to allow visits. If it was entered previous to the pandemic, I would suggest requesting masks (as well as your other requests) be worn in writing. If they refuse, I would document the... Read more »

2 Answers | Asked in Bankruptcy and Real Estate Law for Massachusetts on
Q: i am a co owner of a property with a mortgage. if i apply for bankruptcy, am i still liable for the mortgage payment?

i am now disabled and cannot work. my income now after bankruptcy is 848. a month.

Robert Simonian
Robert Simonian answered on Sep 9, 2021

If you file for chapter 7 bankruptcy you will not be liable for the mortgage payment. However, if the mortgage is not paid the mortgage company will foreclose on the property. If you are asking if you can live in the property and not pay the mortgage the answer is no. If you do not live in the... Read more »

View More Answers

2 Answers | Asked in Divorce and Immigration Law for Massachusetts on
Q: Immigration does not recognize 1991 divorce from the DR. Does he have to get a divorce here in MA to be recognized?

Both husband and wife did not have a domicile in DR at the time of the divorce. Now in 2021, he is trying to remarry but immigration states before getting married to someone else he needs proof that one or both needed to reside in the Dominican Republic of which neither lived in DR. Is there... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 10, 2021

It certainly presents a problem as if the USCIS does not recognize that DR dissolution of marriage then any attempt to marry a person in the United States would create an allegation of polygamy (being married to two or more people a the same time).

It definitely needs to be properly completed.

View More Answers

1 Answer | Asked in Child Custody for Massachusetts on
Q: Our best friend (49) had a child last year. She asked us to sign an emergency guardian proxy. Should we?

The child is now 1 year old. Our friend is 49 and her boyfriend is 53. They are currently together but he was divorced twice. They are asking me and my wife to sign a guardianship proxy. Should we? What is the risk to us?

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 7, 2021

Are you indicating that you are not willing to serve as the child's guardian if needed to fulfil the role? If so you would need to make that clear to the parents so that they can have others in place. In Massachusetts there is a distinction between guardianship and conservatorship as the... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: My dad was to receive a portion of my mother’s retirement after they divorced. My father passed before she retired. Wha
Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 7, 2021

Are you the Personal Rep for his estate? If so ,Was there a QDRO? The terms of the QDRO should be reviewed along with the Divorce/Separation Agreement.

1 Answer | Asked in Estate Planning, Patents (Intellectual Property) and Probate for Massachusetts on
Q: Is this possible and how can I fix this or what do I do?

My father passed away unexpectedly a couple months ago. June 12th to be exact and a month later after his funeral, I filed intestate probate as he had no will. He had debt and expenses, but his parents took care of it. After legally doing all the paperwork for probate it was done within 3 weeks... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 7, 2021

If you are appointed Personal Representative of his estate you can and should obtain information from the Registry of Motor Vehicles about the title and transfer information. If assets or monies were stolen from the estate then you may be advised to pursue the parents depending upon whether the sum... Read more »

1 Answer | Asked in Consumer Law for Massachusetts on
Q: I've been served papers re a credit card debt by mail with no date of service. Wondering how to calculate the 20 days.

I'm also confused about how to properly file the answer. I would appreciate some direction. Thank you.

Christopher Tolley
Christopher Tolley answered on Sep 7, 2021

What is the date of the complaint you received? I would count the 20 days from that date. Your answer should contain numbered paragraphs corresponding to the numbered paragraphs of the complaint. You should also insert any affirmative defenses, such as, this is not my debt, I paid this in full,... Read more »

3 Answers | Asked in Bankruptcy for Massachusetts on
Q: How much will it cost me to file for bankruptcy

$922/mo, $277/rent, $190/utilities. Extenuating circumstances.

Timothy Denison
Timothy Denison answered on Sep 5, 2021

Roughly, $1500-2500

View More Answers

3 Answers | Asked in Bankruptcy for Massachusetts on
Q: How much will it cost me to file for bankruptcy

$922/mo, $277/rent, $190/utilities. Extenuating circumstances.

Robert Simonian
Robert Simonian answered on Sep 7, 2021

The attorney's fees can vary greatly depending on where you live, the type of debts that you have, the amount and types of assets and real estate that you own. Based on what you described, the attorney's fees would probably be about $1,200.00 and the court filing fee is $338.00. There... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Criminal

I went to New Bedford District Court on August 24, 2021 and my Court appointed lawyer with Craig Fries, and I was totally blindsided by him because right before the judge called me,, my lawyer came up to me and said the da and me agreed to 6 months drug screens continued without a finding and then... Read more »

Kim Carnevale
Kim Carnevale answered on Sep 4, 2021

If Probation has issued a warrant for you, then, as you probably know, you can be arrested on that warrant at any time and possibly held on bail pending any Violation of Probation hearing.

Many lawyers offer free consultations and may help you decide what your options are and see if you...
Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: Can you assist me in sealing my record?
Joseph B. Simons
Joseph B. Simons answered on Sep 4, 2021

If the case ended with a dismissal, you can petition the court anytime. If it was a conviction, you need to wait 3 years for a misdemeanor or 7 years for a felony. I do a lot of petitions to seal, so feel free to call if you have any questions: 781-797-0555.

View More Answers

1 Answer | Asked in Child Support for Massachusetts on
Q: Can my child support be modified if my income hasn’t changed?

My child support was modified to increase and I never received a court hearing notice nor has my income changed.

Brian Waller
Brian Waller answered on Sep 3, 2021

You should first contact the Department of Revenue Child Support Enforcement Division and have them review your account. Sometimes if there is an arrears balance the amount changes. If you have no arrears, it is possible that the timing of the payments got off track somewhere and they needed to... Read more »

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Probate for Massachusetts on
Q: What do I do if I’m paying child support and being denied visitation rights to my daughter
Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 3, 2021

If you have a visitation order or a Judgment that states the terms of visitation and are being denied visitation , then there appear to be grounds for a Contempt action unless there is something happening which is inimical to the child's best interests in which case the custodial parent... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.