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... View More 
answered on Jan 22, 2019
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... View 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... View More
answered on Jan 10, 2019
If the child is adopted by you then the child support guidelines level of support would apply and child support orders can be sought regardless of whether visitation occurs.
What if the father has a history of gambling?
answered on Jan 7, 2019
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.
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... View More
answered on Dec 23, 2018
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... View More
2 are 18 and our smallest is 17. I would like to put the divorce for being an adulterer. I need guidance and help. I live in Massachusetts
answered on Oct 23, 2018
Jackie,
You have the right to file a divorce based on adultery, however it is not wise to do so for several reasons. Irretrievable breakdown is the suggested approach.
I would be happy to work with you on your getting a divorce quickly and for the least expense.
I am LAR... View More
weeks a year with him. Can she go to court and request I take him more and still keep the CS money I pay her based on that schedule?
Can she change the parenting schedule to fit her even when it’s detrimental to me?
answered on Sep 6, 2018
Yes, the child support guidelines would be calculated for a shared custody and the party with the greater income would be paying child support to the other parent.
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... View More
answered on Sep 4, 2018
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... View More
answered on Aug 14, 2018
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... View 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... View More
answered on Aug 8, 2018
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.
answered on Jul 10, 2018
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... View More
answered on May 31, 2018
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... View 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... View More
answered on May 23, 2018
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
Help
answered on May 21, 2018
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... View 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... View More
answered on May 14, 2018
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... View More
answered on Apr 11, 2018
You would normally not be entitled to the attorney's file if you were not the client.
Last year she had been charged with domestic violence and her first son had been charge with 3 counts of assault and battery (2 being with a weapon). They were both arrested that day. The Department of Children and Family then came to my home and investigated the situation and took my 2 biological... View More
answered on Apr 11, 2018
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.
She pays bills off of this account also.
answered on Apr 11, 2018
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... View More
And for me (father) to not have visitations. What are my rights ? Can she legally stop me from seeing my son
answered on Mar 28, 2018
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... View More
I'm 17 years old. I don't wish to have any contact with my biological father for personal reasons I believe are valid. In early 2017, my parents went to court about visitation and I won so, I haven't been forced to visit, talk, etc...with him. Recently, he called DCF on my mother... View More
answered on Feb 20, 2018
it looks like you need to promptly be seen by your pediatrician and/or psychiatrist concerning the medications not bringing you relief and the absence of medication is apparently worsening how you are feeling. Your failure to attend school on time is an indice of neglect which needs to be addressed... View More
answered on Feb 14, 2018
Do you have joint legal custody? Or do you have visitation orders? is this out of a divorce case or a paternity case? Or is there nothing with any Court? If you supply more information this could be responded to. If there are Court orders custodial parent cannot just flout them. If there were... View More
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