Lillian J. LaRosa's answer Was the State taking the moneys for arrears in child support? Or did you owe the state otherwise? If it was not taken for child support , you will need to obtain the money from family or friends or you will be taken into custody/jail as the Court has made a finding that you can pay the support. If you are not seeing your child only because of mother's withholding visits due to your non-support, this is not acceptable and you can file your Contempt Complaint if she has violated a Court Order,...
Christopher Tolley's answer If you are paying all that is required of you from one paycheck, it does not make sense that more money would be taken out of your second paycheck. For example, if your total pay from one job equaled the amount you are currently being paid from your two jobs, and you were paying the total amount owed, I see no reason why you would be liable for more.
Ali Shahrestani, Esq.'s answer Are you represented by counsel? That's a good idea to be. Nobody can offer you predictions, but you and the opposing party will be asked to plead your case and submit evidence re: contempt. Intention is also a key element, be forewarned. 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/...
Lillian J. LaRosa's answer The Court can impute income to him in calculating child support in an amount based upon his earnings history and educational background and the Court can order job search to occur also.
Joshua H Bearce's answer Yes. There is a court order in place to withhold money from your paycheck for purposes of the payment of child support. The father has 30 days to file an answer to your complaint after he is served with a copy of the complaint. You will not get a default judgment from the court if he does not respond to your answer. However, if he does not appear for scheduled court hearings etc., you can request a default judgment from the court. I suggest you speak with an attorney who specializes in...
Lillian J. LaRosa's answer It sounds like the New Hampshire Court is recognizing that there could be a change in jurisdiction to Massachusetts and you should consider engaging Massachusetts counsel to advise on the timing of filings here.
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...
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.
Anthony C. Adamopoulos' answer Yes, you should continue to pay the child support order until you file a motion for modification to change a temporary order for child support. If the child support order is the result of a judgement you must file a complaint for modification to change the Judgment providing for child support.
If there is no Family Court Order setting when you are with the children and when and if you can be in the Family Home then based on what you write it would be fair. While you are with the children there is no need to pay a baby sitter.
Lillian J. LaRosa's answer You should follow the terms of the Separation Agreement/Divorce Judgment and If there is noncompliance then there could be a Contempt Complaint and if there is a material change in circumstances a Modification Complaint may be justified.
Lillian J. LaRosa's answer If you are uncertain of paternity you can commence a paternity complaint . Otherwise there is a Custody and Support and Visitation complaint you can bring and the Mass Dept. of Revenue would normally be involved in seeking child support order under the guidelines but their involvement is only with determining support - they are not involved in custody and visitation issues . Orders can be made retroactive to the date of birth and include determination of medical insurance coverage for the...
Lillian J. LaRosa's answer This sounds like he is in Contempt and normally you would need to appear on the return date of the Contempt. The DOR would handle financial Contempt but not the custody/visitation issues. It is worthwhile to get to Suffolk Probate.
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.
Lissa McKinney's answer Yes, especially if she is using the resources in that bank account for her own bills and interests, rather than his.
If it has not been disclosed on her financial forms before be sure to let the Court know. They will not be happy about an undisclosed bank account in her name, that she uses. You can also conduct discovery on that account, and seek all the cards linked to it, who accesses it, and who controls the funds most often. Good luck.
Lillian J. LaRosa's answer The two issues are treated as unrelated by the Court so that your seeing your child is independent of whether you are paying support. However, if there is an issue concerning your child's care when you are visiting with him, then there can be proceedings to limit your contact . If this is an unwed situation the Court can order child support to be retroactive to the date of birth if there has been no child support order.
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