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Massachusetts Family Law Questions & Answers
2 Answers | Asked in Consumer Law, Divorce, Employment Law and Family Law for Massachusetts on
Q: What can I do to recover damages? Anything?

My now ex wife worked with me in my business. She ended up having an affair with one of our employees. During her deposition she did not admit to a relationship with the employee but as soon as our divorce was final he moved in and made it public through social media. She has posted damaging... Read more »

Tanesha R Wright
Tanesha R Wright answered on Jun 14, 2020

As counsel has already stated if she's making defamatory statements about your business that is an issue outside your divorce. However, I do think there are issues you could address in your divorce on other matters. First, would be a potential modification if you are unable to make payments... Read more »

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1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: hello, I got divorce in CT. post divorce got a bench warrant (miscommunication), its resolved, will i pass my BC ?

I received a contract to teach in a private high school in MA, I have no criminal history, no traffic offense, but I am worried my post divorce issue will showcase me as a person i am not. Can my Background Check CORI shows the post divorce Bench warrant ( even though it has been resolved) and... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 11, 2020

If there is any problem, then you should engage counsel to represent you to have the record rectified.

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Domestic Violence for Massachusetts on
Q: How would I go about filing a lawsuit for parental alienation against my daughter's father and his wife?

Also, how would I find out if my daughter has a lawyer? Any information you can give is greatly appreciated. What steps should I take? I haven't seen her since February when we had a wonderful relationship. I already proved drug allegations to be false in court. They are making false... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 4, 2020

Is there a Modification petition pending? Has your visitation been limited by any Court Order? If not you may file a Modification Complaint of your own if the circumstances have changed materailly since your prior orders. You could check the docket on line to see whether counsel for the child was... Read more »

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: Ex and I live in different states. I have custody, he gets visitation rights. Can I move to a different state with kids?

I moved away from him with our two kids 5 years ago. ( TN to MA ) He got a lawyer and we went to mediation, I ended with custody and he gets visitation rights that I have to pay for. ( plane tickets ) I now want to move in with my boyfriend of 4 years, but it’s to a different state ( FL ). Can... Read more »

Brian Waller
Brian Waller answered on Jun 1, 2020

Good question. It really depends on the agreement that you came to with your ex when you moved away. If there is any restriction about moving to any state other than TN, then obviously it would be an issue.

Realistically, there should be no impact on your ex if you are paying for the...
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1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: For parents with joint legal and one parent having sole temporary physical custody (previously 50/50)

Can a parent with physical but joint legal withhold information regarding health of child

Lillian J. LaRosa
Lillian J. LaRosa answered on May 6, 2020

Yes, The name of the provider should be provided to the other parent.

1 Answer | Asked in Family Law for Massachusetts on
Q: Does a quitclaim deed (signed after divorce) take precedence over a divorce agreement in MA?

Divorced 12/2012, X signed quitclaim deed giving me sole ownership of home in 9/2013, mortgage is in my name alone. Child is now 23 and X is demanding I sell the house and give him half. Child support was paid via payment to mortgage company to reduce monthly chasing for payment. Does the... Read more »

Brian Waller
Brian Waller answered on Apr 28, 2020

That is really hard to say without knowing the specifics of the Separation Agreement that was signed as part of the divorce or divorce judgment if it was decided by a judge. It isn't all that uncommon for one spouse to stay in the home until the kids finish school and then the house sold at... Read more »

3 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Can the courts force me to visit my child? I pay support fully and on time, but I absolutely refuse to visit.

At this point I’m considering a restraining order against my ex, we agreed that I didn’t have to visit as long as I paid support. But she started trying to force me to visit, she shows up at my house with the kid occasionally. Last time I called the police and they made her leave but she’s... Read more »

Kelley Anne Joseph
Kelley Anne Joseph answered on Apr 25, 2020

While I practice in Florida, not Mass., in most states, courts cannot “force” a parent, against his or her will, to spend time with a child, but many can sanction a parent for their refusal, in some way, as forcing you seems contrary to the child’s best interest. Further, the court can... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: I’m wondering if there is a way to waive back child support that the other parent is willing to waive?

The other party has agreed to waive a certain amount of child support in out case. Just wondering what the steps are?

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 22, 2020

If your question involves the MDOR then you and the other party need to contact the MDOR attorney or office involved with your case and indicate that there is going to be an Affidavit of No Arrears executed and request this be processed.

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3 Answers | Asked in Child Custody and Family Law for Massachusetts on
Q: I have joint custody of my son and his father and step mom are keeping him from me.

.i would like to know if theres anything I can do other than court such as calling the police to do a welfare check on my child,get dcf involved,or report for kidnapping?

Brian Waller
Brian Waller answered on Apr 22, 2020

It really depends on the custody order that is in place and why they are withholding visits. Parenting time and custody arrangements are supposed to be honored despite other quarantine restrictions so that alone isn't a valid reason to deny visits. If you are concerned about the child's... Read more »

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1 Answer | Asked in Family Law for Massachusetts on
Q: How do I file for parenting time by mail?
Brian Waller
Brian Waller answered on Apr 20, 2020

You can download the forms you need from the mass.gov site (search for 209C). There are a few more steps to the process if you are not on the birth certificate which would entail establishing paternity through a DNA test.

Whichever situation you are in, all the forms need to be completed...
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1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: When modifying Spousal Support is it reasonable to include child support as an expense?
Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 14, 2020

Your Rule 401 Financial Statement filed with the Court should report all payments and expenses.

1 Answer | Asked in Family Law for Massachusetts on
Q: Can my wife trade in her car that was owned outright for a lease; I believe she is liquidating assets. She has a lawyer,

She says she wants a divorce; but hasn’t served me yet. She makes roughly $40,000 more a year than me but has only $10,0000 in savings. I have substantially more money in the bank than her. We have always had separate accounts since marriage began 12 years ago and split bills evenly. She likes to... Read more »

Brian Waller
Brian Waller answered on Mar 25, 2020

It's good that you have kept separate finances throughout the marriage, but anything acquired during the marriage is generally considered to be part of the marital estate and subject to equitable division. That doesn't mean everything will be equally divided, just fairly divided based on... Read more »

1 Answer | Asked in Family Law for Massachusetts on
Q: My ex had our daughters wisdom teeth removed without my knowledge. She went thru surgery and anesthesia.

Me ex and i have 2 kids (daughter 16, son 14). We were never married, we split up 14 years ago. We have 50/50 joint, physical and legal custody. My daughter had her wisdom removed over Feb vacation, unbeknownst to me. Only reason i found out is paperwork from my insurance. My ex is always hiding... Read more »

Brian Waller
Brian Waller answered on Mar 19, 2020

It really depends on the details of the parenting plan. If there is a set schedule that she isn't following, she can be found in contempt and you could be awarded some make-up time. It doesn't sound like physical custody is shared 50/50 currently. That may have been the intent when the... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: Looking for help to have my daughter come spend time with me at my own house. My kids mother is making rumors about me.

I need help to get custody of my daughter her mother is unfit and has been prostituting for the last 3 years, she has sexual intentions with police officers. I need help to get my daughter away from all this nonsense. Please help

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 19, 2020

Is the child being neglected or abused? If so you need an emergency order and should engage counsel in your geographical area. Otherwise you should consider filing a Modification of your current custodial orders.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Health Care Law for Massachusetts on
Q: Will the Judge in Family Probate, still require me to take a drug test if I prove I'm being falsely accused?

My daughter's father is falsely accusing me of using drugs and/or improperly using drugs. He's requesting I take a hair follicle test but I have evidence to prove that. How would I go about filing for slander, disobeying court orders and being falsely accused? Also, I entered a... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 12, 2020

Usually random drug screens through the Court's probation department provider would be ordered where there is such an accusation. If you are willing to do so you can also ask the Court to have father so screened. The focus should be on establishing that you are not abusing drugs and are able... Read more »

1 Answer | Asked in Family Law and Immigration Law for Massachusetts on
Q: Can I, a minor, marry someone without my parents consent?

I’m a 16yrs Brazilian who currently lives in Mass with my parents, they have a Student visa, who which I’m dependent. Since I came here, I came out as gay, and they never were really well receptive. I have a boyfriend, and a whole new life in here, me and my bf are fearing that my parents want... Read more »

Adan Vega
Adan Vega answered on Mar 4, 2020

You can not marry in Massachusetts without parental consent if under the age of 18. You should visit with an experienced immigration attorney and a family law attorney for specific guidance.

Good luck to you.

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: How do i stop an order since we are now married?

Years ago i started my then boyfriend on CS for our 2 sons. We have since got back together and have been married. We have had 3 other children since the order started. He owes technically me back support but her provides everything for us to live. How do i stop this order?

Brian Waller
Brian Waller answered on Feb 10, 2020

You should contact DOR Child Support Enforcement Division and explain your situation. They will walk you through the steps you will need to take. In general, you will need to modify the child support order to terminate it, and as part of the process, you would waive the unpaid arrears balance. You... Read more »

1 Answer | Asked in Family Law for Massachusetts on
Q: In Massachusetts, what powers to enforce the orders does a judge have on family related issues?

There is an order concerning visitations (drop offs and pick ups) for a non custodial parent. The custodial parent doesn't obey the order and the non-custodial parent files for contempt. The judge find the defendant (custodial parent) guilty. The custodial parent still disregards the order.... Read more »

Brian Waller
Brian Waller answered on Feb 3, 2020

In this situation, the judge could again find the custodial parent in contempt with some more severe consequences. That could be anything from awarding you attorney's fees (if you have an attorney) to ordering that you have additional parenting time.

It depends what you are seeking...
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1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: Who picks up and drops off and where will visits take place if not specified in the court order
Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 16, 2020

If this is a Massachusetts case, then the usual is for the parent having visitation to pick up and drop off the child and visitation is not in the home of the child and other parent. However, there can be a wide variety of limitations and exceptions depending upon the parties' circumstances.... Read more »

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: Will I have to pay child support because I make more than my ex?

So my ex and I have never been married and we have never gone to court for any child custody. I plan on taking him to court to do that but my biggest fear is that I’ll have to pay him for child support because I make more than him. Would I have to pay him for child support?

Brian Waller
Brian Waller answered on Dec 31, 2019

Not necessarily. Child support isn't solely based on income, the biggest factor is which parent has primary physical custody of the child. The child support guidelines also factor in other expenses paid on behalf of the child, like daycare or health insurance.

The way the child...
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