If the children have been living in Puerto Rico for more than 6 months, Massachusetts would not have jurisdiction. You would need to pursue a Custody Complaint or if there are extant orders/judgment in Divorce or Custody and Support, a Modification there .
You can file three Complaints for Custody-Support-Parenting Time in the Middlesex Probate and Family Court. You can seek to waive the filing fees if you have a low income. After you have filed, I would suggest filing a motion for temporary orders to obtain an award of child support from the...Read more »
That $500 I was supposed to pay was supposed to stop me from being sent to jail. On top of paying child support, my son's mother filed a contempt charge and she has stopped letting me see my son, she hasn't allowed me to see him since August of 2018. I'm wondering on what I should do
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...Read more »
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...Read more »
My daughters’ father owes $34,000 in arrears plus and additional $24,000 in interest. For the entire 2018, he has only fulfilled his monthly obligation once, mostly only making 1-2 payments a month. Arrears continue to increase. I filed contempt and he was served on12/14..after this date, he... Read more »
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...Read more »
Divorce decree states "no child support, no alimony" in both directions. Mother has full custody and (adoptive) stepparent has the kid every other weekend. Fast forward seven years, the kid is 16, getting into trouble, and mostly uninterested in going to Stepdad's every other weekend. If Stepdad... Read more »
DOR just started taking child support from my check but I am waiting for the defendant, my ex to respond to the complaint. Can they take $$ if I'm questioning the arrears? Also how long does the defendant have to respond to the claim? What do I do if he doesn't respond and where can I get a default... Read more »
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...Read more »
My mom got an expatre motion back in January based on my brother being choked/strangle by his dad. Two dcys cases were opened on him, he has mulitple arrests but yet when the decision came in it states that my brother has to speak with his dad 5 times a week. Go with him every other weekend and one... Read more »
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.
One has severe depression from years of injuries and a poor middle school experience one has anger issues saying I abandoned her in middle and was not as loving as I should have been. My husband told them I never loved any of them. This is all out of the blue. Husband struggling to help fix... Read more »
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...Read more »
In Massachusetts: The child will be going to college closer to Dad. Mom just moved another hour further away from his school. Makes sense for him to call Dad's home, home base (we're 45 minutes away) . We want to end the child support order to mom, and Dad is not requesting support from Mom. Only... Read more »
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.
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.
I’m on the process of divorce and I’m waiting on her to refinance the marital house so I can buy a house and take our children there with me every other weekend. Meanwhile I don’t have where to take the children so I have been staying in the couch of the marital house, where she lives, from... Read more »
Your question is "Would it be fair to spend weekdays afternoon only til have a house?"
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...Read more »
him to another. This summer I don't believe he will be using summer care, as he has someone at home to watch him. He is still responsible for half of what I'm paying, correct? That's what I take 50/50 to mean. Also, if he is taking him to a summer camp, do I have the right to ask him for... Read more »
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.
We have a child, childs mother is not allowing me to see if only ask me for money what can I do to have shared custody ? I did not sign the birth certificate and the child does not have my last name. My child’s mother only text me when the child needs something I need some legal
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...Read more »
He kept her over night last night on a no over night order. His visits are from 10am-6:30pm on sundays. Due to the fact that I have not gone outside of the court order to his convenience, he pulled this move. He is not paying his ordered child support. He is trying everything he can to give me a... Read more »
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.
The attorney no longer represents him at all. I went to the meeting in “good faith” and helped write the agreement.( my attorneys mother had died the night before the meeting) I need to use all files as my ex has new attorney? Can I call and ask for the files and notes from that meeting that we... Read more »
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