I have split parents, they have been divorced since I was 5. My mother has been abusing me mentally. I know this always gets over looked as the child overreacting but this isn’t some joke. My parents have equal custody, can I request to live with my good parent?
If you are being mentally abused, have you told a Mandated Reporter such as a pediatrician , social worker, mental health counselor, psychologist, or school guidance counselor or school official or DCF hotline # about this matter and the underlying facts which constitute mental abuse? Is the...Read more »
i did not waive future alimony. I was married twenty years. i was a stay at home mom 10+ years. I am disabled. I receive SSI. I do not work. I was homeless. Now I live off of SSI and I can not babysit anymore due to fibromyagia and arthritis. My ex husband makes a lot of money. I need help... Read more »
This sounds like a Modification Complaint for current alimony if his situation has improved significantly and it sounds like your situation has deteriorated. You would need to have him served out of state .
Are you pro se? Did you tell your attorney this ? A Motion to Recuse is the usual method of proceeding when there is an association between either party and the Judge or an appearance of conflict even it is a good idea for the Judge to recuse.
It sounds like you were both living in Massachusetts until October 2020 when husband left, so yes and Massachusetts has jurisdiction over the child who lives here and has lived here for 6 months or more.
I share joint 50/50 legal custody of my 5 yr old child w my ex. Our agreement was filed w the court in 2017. My ex would like a therapist (who has not yet met our child but has shown bias against me as a non-birth mom) to start seeing our child every other week for therapy. Our current child... Read more »
You should request a therapist referral from the provider who is leaving for a successor therapist. Both parents should have input for the new provider. If the other parent refuses and there is a proceeding pending or if there is not a proceeding one would need to be brought- for Modification...Read more »
If real estate is held in common, a petition to partition is needed. In divorce there is property division and this is a distinction. In a divorce all assets regardless of how held are considered marital property to be divided and not the sole property of a spouse until or unless the Court so...Read more »
The money is from half the equity from the sale of our house. My spouse was required to sell within 5 years. I let her live there until she retired, but it has been 15 years since the divorce. I also signed the deed over to her a few years ago. She died last year, and our children now own the... Read more »
This is really a taxation question. Waiting and not filing a Modification Agreement to change the sale date may be problematic for enforcement purposes as well. The creditor claim period is one year from the date of death also.
She is paying high alimony & child support now due to high income from W2 + K1( from business income reported on her tax return). Is it legal for her to change her S corp to C-corp so her future income from C corp will be far lower that is based on W2 only? Her company is growing and needs to... Read more »
It depends upon the wording of your separation agreement/Divorce Judgment if you are divorced or temporary orders if there is not a final resolution . If the document is truly silent then not required to do so.
My spouse refuses to tell me anything and has also told her lawyer to tell her siblings tell me nothing about what is going on. My question what rights do I have to be included in the outcome of the estate distribution among my wife and her siblings ?
It looks like it is a marital asset to be divided equitably by the Probate Court if the parties are unable to agree on property distribution. You have not stated the duration of the marriage or other circumstances so assuming at least 10 years it is possible that the Court would assign 50% of the...Read more »
Sounds like she is subjecting herself to a Contempt Complaint. Please review your separation agreement for what her obligations are and if all conditions are met and start first with a courteous explanatory letter indicating the Contempt if she removes your coverage. Your damages could well...Read more »
My teen recently went to live with my ex (the teen's choice) but we both have 50/50 legal. We share uninsured medicals and I technically would have to reimburse him in 30 days. He makes a lot more money than me, has a two income family, and plans on making a lump sum payment. He won't... Read more »
So, was there a recent Modification of Custody and Support? If you just agreed to this division and did not list orthodontia as an extraordinary expense to be agreed upon this murkies up the waters. It can be considered an extraordinary or unnecessary expense by some Judges. Are you sure you cannot...Read more »
I lost my job back in July (Massachusetts). I will return to work next month. By the time I return to work I will have been paying full child support for 10 weeks. My child support exceeds my income (unemployment insurance) by $100 weekly so it has put a big dent in my savings.
If the Court reduces your child support it could be retroactive to the date of service of the Modification Complaint, but you will need to address that with the Court since most orders are prospective.
You have not stated whether there is a divorce compliant pending and if so this home sale unless you agreed to sell same is a violation of the automatic asset restraining order which is stated on the divorce summons and would be a contempt - your attorney can file same and note that the proceeds...Read more »
Award. not completed and therefore not entered as order - went to court to ask judge to rule. The judge said she does not know what is in mind of arbitrator on ruling and may have to start all over. Who should pay for this added legal process if it was lawyers fault for not rectifying before... Read more »
I would think that the arbitrator would have an obligation to complete a ruling under the arbitration contract ( an agreement which specifies duties and remuneration ) with him or her and that the attorneys involved in the arbitration need to get ahold of this individual .
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