answered on Dec 31, 2019
It sounds like you will need a Modification in order to terminate the child support to mother. Are you still living in the original state where your orders issued from? If so, then the Court still has jurisdiction over the child support. If the "college" child is over 18 but not yet 21,... View More 
Looked at from judge
answered on Dec 30, 2019
There is a college contribution based upon UMass in state resident rates, so, for example, if you are paying over the anticipated maximum amount for the child in college, the weekly child support could be revisited by the Court in a Modification. You should contact your divorce attorney or a... View More
answered on Dec 27, 2019
If the older child turned 23 the Child Support Guidelines for the one child -who I am assuming is a minor or at least is unemancipated-would need to be calculated for a Modification Petition, it is not an automatic divide by 2 situation. You should meet with a divorce practitioner who can discuss... View More
Out of curiosity. Does MGL 215 Section 2 appoint someone to be a special process server with law enforcement powers in Massachusetts?
Someone sent me a text/ picture showing he is authorized to serve any and all process, including arrest warrants under that law and given powers “to keep... View More
answered on Dec 21, 2019
Although I have not seen the photograph you received, and I cannot comment on the authenticity of what you received, here is what the law that you inquired about says:
M.G.L. 215, Sec. 2 outlines Superior jurisdiction; presumption:
Probate courts shall be courts of superior and... View More
After my ex and I split, we both agreed on an informal child support agreement. He'd continue giving me access to his vehicle and keep my phone on his cell phone plan. After a few personal disputes, he's threatening to take them back knowing it'll affect our kids, ie getting to drs... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2019
It almost always protects the children more if there is a formal child support agreement in place with the Court as it can be enforceable through the Department of Revenue.
It can also be arranged by the Court to take child support straight from his paycheck. This helps in matters where... View More
We were never married, I still visit when and only when she allows and i provide whenever asked and even when not. I just got a letter in the mail saying she opened a case and now I'm waiting for a court summons. i would like to be able to see my child without her constant supervision and id... View More
answered on Dec 5, 2019
If paternity has been established then there is a Complaint for Custody and Support she may have filed and the Court can enter minimum child support orders due to your unemployment status. This legal proceeding is the forum for presenting your visitation requests as well.
I would like to know how and what I can do if I feel there is child alienation from father to me mother
answered on Nov 25, 2019
You can request that the Court appoint a Guardian ad litem to investigate whether the claims against you are legitimate or are alienation . The Court can order payment of the GAL's fee to the requesting party or order both parties to pay for the GAL. In indigency or low income situations the... View More
We all lived in MA & The house is in MA. My ex husband and i have 2 children who are 17 and next of kin for his assets which were under 25,000, there was no will. His brother is now sole owner of home but is going through a divorce and house will be sold. Can i put in a claim through the house... View More
answered on Oct 15, 2019
You should hire a probate practitioner as there is a specific way to perfect a claim against an estate that must be followed . Was his brother a joint tenant of the real estate? If not then he may not be the sole owner.
We do share medical expenses, but is therapy included in that umbrella?
answered on Oct 4, 2019
The Court Order would normally state who is responsible for payment for the therapy services. If it is silent then it would be treated like other medical services.
Both parents mutually agreed that our 16 year old would move to New York and enroll in schooling. We cannot agree on a modification of support. Is there a way to have the support (and custody) modified without having to appear in court or hire a lawyer? The process seems fairly straight forward... View More
answered on Sep 13, 2019
There should be a Joint Modification Petition and Agreement and Financial Statements of both parties and if the MDOR is involved they need to be notified as well. You can go on the state website for the forms. Child support should be under the child support guidelines which are driven by the... View More
Oldest child is not biological but have been there since she was born shes my daughter mother gets support from biological dad but i wabt to nake sure support is for all 3 kids
answered on Sep 9, 2019
Child support is determined by application of the Child Support Guidelines and you are not under legal obligation for the child who is not your biological child.
Daughter is 16 years old.
answered on Jul 30, 2019
Hello, yes, you should file a Modification proceeding and a Motion for Temporary Orders seeking primary physical custody of the child and if granted, then you would be entitled to child support from the other spouse.
(Mass General law Chapter 265, Section 25 governs extortion.) ... Extortion is a criminal offense whereby an individual obtains property or money by any type of force and threats of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action.
Mother is... View More
answered on Jul 18, 2019
Putative father should rather than get into the nuances of whether there may be a criminal proceeding instead bring forward a Paternity action in the Probate Court where the child is born/living to establish paternity and seek visitation as well as child support orders.
The girlfriend’s mother does not give her any child support she gets from her father. Girlfriend’s mom gets snap benefits and child support and refuses to give the daughter any money. I been supporting this 16 year old.
answered on Jul 15, 2019
To obtain a support order you would need to be appointed the girlfriend's guardian first.
My mother is tired of supporting the 3 of them and wants him & his kids out of the house. How would she accomplish this when he’s not willing to move out on his own?
It’s been 7 years since I moved. My 18 yr old has visited multiple times. My 9 & 11 yr old are not allowed. I’ve visited 2X but have regular communication with them unless my ex gets mad.
answered on Jun 3, 2019
You may file for parenting time with your two young children in the Family Court. Your wife is wrong. Your 18 year old may visit you whenever; he is an adult.
If so, how long would it take for the court to make a decision?
answered on May 6, 2019
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 .
Is there a lawyer that I can get with low income?
answered on Apr 10, 2019
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... View 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
answered on Feb 22, 2019
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... View More
answered on Feb 20, 2019
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... View 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.
