answered on Jul 19, 2023
When it comes to child support, the fact that a parent is receiving Social Security disability benefits does not automatically exempt them from their obligation to pay child support. Child support is typically determined based on various factors, such as the needs of the child and the income and... View More
Parents of children unmarried split. father went to court to establish custody and parenting time as the mother is trying to dictate how and when he can see the them. So far a docket # assigned but the court date is in process. (custody/parenting time). mother is keeping kids from father because he... View More
answered on Jul 18, 2023
Your question is confusing-Did you file a Petition? Or did the Court enter Orders? If there is a violation of a Court Order there can be a Contempt Complaint filed and served to address the violation. If a Petition or Complaint was filed by you ,then you would need to have it served upon the... View More
My mom is 92 years old and she is living with me right now as her home is being repaired. I have been taking care of her since 2/2023 when my dad passed away. How can a person qualify for the caretaker child exemption law?
Thank you
answered on Jul 12, 2023
The Caregiver Child Exemption generally enables an elderly individual to transfer their home to their adult child without violating Medicaid's Look Back 60-month period on asset transfers. Under 130 CMR 520.019(D)(6)(d), a transfer of a former principal residence by a nursing home resident to... View More
My mother is sick I want to go back but he refuses to sign to let me return with our daughter, what should I do in legal terms
answered on Jun 26, 2023
You may be able to petition the court for a divorce and secure the right to take your daughter with you to another nation temporarily. The court's primary concern will be evidence that you will return your daughter promptly to the United States where her father resides after visiting your... View More
I have been paying child support for 12 years. My child just turned 22 and just graduated with his SECOND associates degree, works 30 hours a week and is planning on working 40 per week in the near future. His mother forced him into the second degree program so child support wouldn't end... View More
answered on Jun 7, 2023
Judges have discretion in this situation, but I think it makes sense to go forward with your modification. Based on his employment and age alone, it seems like child support should end. Obviously, this is said with very limited information, but I think it would be hard for your ex-wife to argue... View More
My child's father believes that I am using drugs. The reason is because he heard a recording of my current partner and i arguing. That he obtained from a 3rd party, illegally. Also, my partner didn't know he was being recorded. In the audio it uses a slang word for a drug, but that word... View More
answered on Apr 30, 2023
The judge can basically order anything that they deem to be in the best interests of the child. If there is a reason for them to be concerned about drug use, they can order a drug test. It doesn't really matter how they came to making that order, unfortunately. You could choose to appeal it,... View More
My domestic partner is looking to end the relationship. We currently own a house together and share bank accounts for the past 3 years. In speaking with the mortgage company I would need a court document stating we are separating and agreeing that I would keep the house for her to be released from... View More
answered on Apr 24, 2023
You could file a Petition to Partition in the Probate and Family Court. I have never seen one filed jointly, but I don't see why you couldn't do that, or you could file it as contested then file an agreement for judgment. I believe that could also be filed in Land Court, I am pretty sure... View More
I recently had a baby while living in MA. I filed for child support giving as much information about the father as possible. It has been a week and the application still says "submitted".
The father moved out of state and won't supply me his new address so I could only... View More
answered on Apr 4, 2023
It could take anywhere from several weeks to several months. You could call DOR-CSE and ask them about the status if you haven't heard anything in a few more days.
DOR will work with the child support agency in his state to collect the payments once the MA court issues an order for... View More
I live in MA & currently have temporary sole legal and physical custody of our child. My ex lives out of state in Maryland and will soon start court ordered parenting time every other weekend for 6 hours. He frequently disappears for weeks to months at a time without any contact. He has also... View More
answered on Mar 30, 2023
The Court could enter a version of the requested order , but you should assert the difficulty involved in having the child participate for the full length of the call . Of greater concern at this point is the lack of consistency by father "disappearing for weeks or months" . Is there also... View More
I am an unmarried single mother that has a temporary order for sole legal and physical custody of my 1 year child in MA. Child’s father lives out of state in Maryland and judge has ordered a temporary, unsupervised visitation schedule for father to come to MA every other weekend for 6 hours.... View More
answered on Mar 4, 2023
From a practical standpoint, even though he was granted visits, how often is he going to be able to travel from Maryland to Massachusetts for a 6-hour visit? You may want to wait and see how things go. Judges usually give parents the opportunity to show they can parent successfully, but if it... View More
During the process of gaining guardianship, what if parent demands kid comes back
answered on Mar 3, 2023
You would need to obtain Guardianship over the minor via Petition to the Probate & Family Court where there was either a previous divorce or paternity proceeding or where you live if not applicable. If there is an Emergency you would need to also request temporary guardianship and have grounds... View More
My ex am I have an order stating neither one of us can cancel a Drs appointment made by the other, she brought him in to the Drs and got the second vaccine shot which was an appointment I made for another date, the office then canceled the appointment I made as it was obviously no longer needed, is... View More
answered on Feb 18, 2023
It is hard to say without reviewing the specific order, but a judge would probably look at your ex's intent, but also if that cancellation harmed you or the child in any way. If your ex took the child to a different scheduled appointment and the doctor offered to give your son the second... View More
He is not trustworthy due to things he's done through the years. He is named as the PR in her Will only because he bullied her into it and is the oldest. I do know that she tried to make her Will specific and made sure that her estate would be divided equally between her four children
answered on Dec 28, 2022
If your brother filed an informal probate, then he had to file a copy of your mother's Last Will and Testament. You can request to see a copy of your mother's estate case at the Probate and Family Court. This will allow you to see the Last Will and Testament and obtain a copy of it.... View More
My court hearing for child support was 27 days ago yet I still haven’t received the judgement in the mail, neither have the courts or DOR.
answered on Nov 22, 2022
It depends on the type of hearing. If it was a divorce trial where child support was just one of many issues, it would take a few (or more) months. If it was a hearing where DOR was seeking support on the other parent's behalf, it should be much quicker. It also depends on the county you are... View More
My mother-in-law lost her husband 10 years ago. The grandson who has been living there with them rent free for over 20 years is now trying to take the house away from her. My mother-in- law is 83 years old and is alert, drives a car and manages and pays all the bills. She thinks the grandson stole... View More
answered on Nov 17, 2023
If she is missing her Will she can "replace" it by doing a new one if she is competent.
I have recently filed for the name change of my child. The Probate and Family Court returned the petition and all necessary documents, along with the reason for returning being that I should file a motion to waive the citation signed by both parents. i don't understand this request, what... View More
answered on Aug 8, 2023
In Massachusetts family court, a request to file a motion to waive a citation means that the court is asking you to submit a formal request to waive the requirement of serving a citation to the opposing party. By waiving the citation, the court aims to expedite the legal process.
We are getting divorced he left private conversations openly on our shared computer between him & a female friend can i screen shot then and use them in divorce ?
answered on Jul 12, 2023
In Massachusetts conversations recording without consent of both parties to the conversation is an offense and the Courts wouldn't allow introduction of same.
I am not able to answer his phone calls every single night so he can speak to our son. The last lawyer I had said to agree to the terms of him speaking to my son every night and that it wouldn’t be a big deal. I never wanted to agree because I know my schedule is crazy and I shouldn’t have to... View More
answered on May 24, 2023
If there is a Court Order that there is a phone call father has at such a time each night, someone needs to make sure the call happens so that if someone else is watching the child, then they can handle the child responding to the call.
My Grandmother left 2 lands in PR to 4 siblings more then 50 years ago. My mother was leaving in one of the land and my uncle build a house in the second land. All siblings has deceased. I went to PR to find out under who's name was both lands. Theres no record of registration couldn't... View More
answered on May 15, 2023
It sounds like the first step would be to contact a real estate attorney In Puerto Rico to see if there is real estate still owned by your grandmother. If there is, then the next step would be to determine where your grandmother was a resident at the time of her death as the law of the State of... View More
Trial Attorney with experience in probate litigation in regards to adult guardianships/conservatorships.
Attorney can be located anywhere in Massachusetts as long as the attorney is licensed and in good standing to practice in Massachusetts. Must be committed, competent and a crusader for... View More
answered on Mar 17, 2023
I am sure that you will find a very good probate litigator that meets all of your requirements to represent you for free!
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.