Get free answers to your Family Law legal questions from lawyers in your area.
209A is a restraining order.
![Brian Waller Brian Waller](http://justatic.com/profile-images/1530493-1581371681-sl.jpg)
answered on Feb 5, 2025
You can contact the court that issued the restraining order and ask them to serve the Plaintiff. You are right to approach this with caution, it could be a violation of the 209A order. If you were to be represented by counsel, the attorney could serve the plaintiff without violating the 209A... View More
Me and the mom are no longer getting along and she refuses to return the child support money to me even though my son lives with me and she only takes him about a day or two per month. we filed for the child support to stop (when we were getting along) but the court rejected it what can/should I do!
![Brian Waller Brian Waller](http://justatic.com/profile-images/1530493-1581371681-sl.jpg)
answered on Jan 24, 2025
You should file a Complaint for Modification with the court ASAP. You can ask for child support to be adjusted retroactively, but the court can only go back to the date that the other party was served with the summons on your Complaint for Modification. If you go to the courthouse and ask for the... View More
I am unable to afford legal representation and have contacted multiple organizations offering free services - none of which are able to offer me services at this time. I understand I have burden of proof. The Agreement states clearly what the obligations are. There have been multiple aspects he has... View More
![Brian Waller Brian Waller](http://justatic.com/profile-images/1530493-1581371681-sl.jpg)
answered on Jan 17, 2025
You can absolutely file for contempt without an attorney. A Complaint for Contempt is on the easier end of the spectrum compared to other types of cases in Probate & Family Court because the issues tend to be pretty discrete.
You will first need to show that there was an order in... View More
I have been divorced for many years and would like to get my ex-husband's name off the mortgage and deed to the house. When we got divorce divorced, I assumed all responsibility for the house including mortgage payments, repairs, maintenance, etc. He has not paid any money toward the house at... View More
![Brian Waller Brian Waller](http://justatic.com/profile-images/1530493-1581371681-sl.jpg)
answered on Nov 5, 2024
This is nearly always specified in the Separation Agreement or Judgment of Divorce. If not, it may not have come to the judge's attention that there was real estate held in the names of both parties. Either way, you can remove your ex-husband's name from the mortgage by either refinancing... View More
Regards video and audio recording. Is there an exception for possible domestic abuse scenario
![Brian Waller Brian Waller](http://justatic.com/profile-images/1530493-1581371681-sl.jpg)
answered on Oct 23, 2024
There can definitely be consequences for recording someone without their consent.
While I certainly DO NOT recommend recording someone without their consent, if it is a safety issue and you feel recording the other party may assist you in creating a safer situation for yourself (such as... View More
And so what do I do?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 26, 2024
It sounds like a difficult situation you're facing. If you believe you are entitled to a portion of your parents' money that your sister took, you should start by gathering any documents that show your entitlement. This might include your parents' will, bank statements, or any other... View More
And so what do I do?
![Bao Tran Bao Tran](http://justatic.com/profile-images/154816-1722027873-sl.jpeg)
answered on Jul 25, 2024
I'm sorry to hear about the situation with your parents' estate. In cases where you believe you are entitled to a portion of your parents' money that was taken by your sister, there are several steps you can take to address the issue:
1. Review the Will and Estate Plan... View More
I had stayed at home to raise three talented and good children as the primary caregiver for almost 13 years. Last year the father worked with a lawyer behind my back for almost a year, and together they provided false information and lies to the family court judge to obtain a temporary order on... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 20, 2024
I'm sorry to hear about the distressing situation you've experienced. It sounds incredibly challenging, and it's important to find the right legal support to address these serious concerns. In Massachusetts, there are attorneys who focus on civil rights and family law who can help... View More
I want to move to NC and have sole, legal, physical custody of my 2 children. Their father is not active in their lives and has not seen or talked to them in over a year.
![Thomas J. Percy Thomas J. Percy](http://justatic.com/profile-images/1673348-1703195310-sl.jpeg)
answered on Jun 25, 2024
Almost certainly yes, but there are many variables to discuss and consider as you plan your path forward. Feel free to contact our office to see if we may be able to become engaged as your attorney and give you the guidance needed for you to move ahead with making plans 508-828-1900. Ty!
I am a 16 year old from Pakistan in the US under a student visa. I study at MIT and currently live on campus in Boston, MA. Can I get Emancipated as my home country Pakistan doesn't have defined laws for emancipation? I have a full time job and I also Invest in Stocks and Shares. I also want... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 3, 2024
As a 16-year-old international student from Pakistan on a student visa, getting emancipated in the United States can be challenging. Emancipation laws vary by state, and in Massachusetts, where you are studying at MIT, minors can petition for emancipation under certain conditions. You must... View More
Fleeing a violent and dangerous situation. A mother and daughter coming to the US would like citizenship and to become legal citizens. They are concerned as the father may not allow. Do they need to prove the DV situation or can they seek asylum?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on May 17, 2024
In situations involving domestic violence (DV), a single parent may be able to gain citizenship for themselves and their child without the other parent's involvement. However, the process and requirements can vary depending on the specific circumstances and the country they are seeking asylum... View More
Id like to know:
Are Irrevocable trusts legally responsible to pay income taxes on any monetary cash gifts they receive within a single calendar year or is such money gifts the trusts acquire, exempt from any taxation requirements ?
(fyi: In this particular situation the money gifts... View More
![Nina Whitehurst Nina Whitehurst](http://justatic.com/profile-images/1518593-1682021260-sl.jpeg)
answered on Apr 26, 2024
At the federal level gifts are not taxable to the recipient. The gift giver might owe gift tax but that is highly unlikely to apply to such small amounts. Some states might have lower gift tax exemptions but, again, even those would be unlikely to impact such small gift amounts.
Id like to know:
Are Irrevocable trusts legally responsible to pay income taxes on any monetary cash gifts they receive within a single calendar year or is such money gifts the trusts acquire, exempt from any taxation requirements ?
(fyi: In this particular situation the money gifts... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Apr 27, 2024
In the United States, irrevocable trusts are generally not required to pay income taxes on monetary gifts they receive, as long as the gifts are within the annual gift tax exclusion limit. For the tax year 2024, the annual gift tax exclusion is $18,000 per recipient from each donor. This means that... View More
I have 3 questions:
1) Can money be gifted to a irrevocable trust?
If so
2) Is their a maximum amount allowed to be gifted in a certain period e.g like yearly etc?
3) Can a trustee and beneficiary to the same trust also gift money to the same trust?
Thank you
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Apr 12, 2024
Yes, money can be gifted to an irrevocable trust. However, there are some important considerations and limitations:
1. Gift tax exemption: As of 2024, an individual can gift up to $18,000 per recipient per year without triggering the need to file a gift tax return or pay gift taxes. This is... View More
I do have photos of marks and bruises from assaults
over the last few months emailed secretly to a 2nd account but it's escalating and I'm scared for our safety but he's threatening me with police and has threatened my life if I leave with our sob
![Brian Waller Brian Waller](http://justatic.com/profile-images/1530493-1581371681-sl.jpg)
answered on Apr 9, 2024
Your husband could definitely call the police, the question is what the police would do. I would suggest applying for an abuse prevention order, which can be done at the District Court or Probate and Family Court, or you can go to a police station to file a report there and they will assist you by... View More
we have since received an new birth certificate from vital records in Haiti? Thank you
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Apr 8, 2024
Official documents like birth certificates and citizenship papers are legal records, and altering them is considered forgery, which is a serious crime.
If your son was adopted from Haiti and you have received a new, official birth certificate from the proper authorities in Haiti, then that... View More
My husband, well, soon-to-be ex-husband has been bullying ever since we moved here but I guess because i loved him, and I wanted to continue to fulfill my vow, i just let it go past me. Now, after i got back home after he banished me, because i feel like he’s having an affair, when i pointed out... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Feb 29, 2024
Good morning, I'm truly sorry to hear about the challenges you're facing. It's important to find a divorce lawyer who is experienced in handling complex cases, especially those involving immigration matters. Boston has numerous legal resources and firms that can provide the support... View More
My daughter got a case open with dcf. During that time I went and got temp guardianship and now have full guardianship for past 7 months. Each month dcf has something new they want in order to close (my daughters) case. Which my daughter is no longer around. They now are asking me to sign releases... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Feb 24, 2024
Based on the information provided, it does not seem reasonable for DCF to require you as the guardian to sign releases for your medical records or other private information. Some key points:
- The allegations and original case were against your daughter's parent, not against you as the... View More
My mom moved two years ago to take care of her mom. A month ago my grandmother had a stroke. And her siblings have told us that my mom herself is not doing well. My mom’s family has Alzheimer’s in her family. My sisters and I have been trying to get her paper work and ID to get her back, her... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Feb 24, 2024
To move your mom back to the states from Puerto Rico, especially under these complex circumstances, it's crucial to approach the situation methodically. First, gather all necessary documents that prove your relationship to your mom, such as birth certificates and any legal documents pertaining... View More
Hi there,
I am an Indian Citizen living in the US on an H1-B visa. I plan on marrying my childhood sweetheart (an Indian citizen) and bringing her over on a H-4 visa.
In case we decide to get a divorce in the future, how will our assets be split?
1. What happens to my and my... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jan 27, 2024
In the event of a divorce in the United States, the division of assets can vary significantly depending on the state where the divorce proceedings take place. Most states follow either community property or equitable distribution principles. In community property states, assets acquired during the... View More
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