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She was granted attorneys fees of $5,000, but husband refuses to pay, charged with contempt, got an extension to pay, contempt charges filed again, pending. He was supposed to pay her a min amount for reestablishment, refused. She only gets sons on weekend, agreement is she has to take them to... View More 
answered on Nov 15, 2022
She needs to continue to pursue the Contempt and sounds like there are more issues where a Contempt may lie, so try to obtain counsel!!
Ambiguous. Who decides ability? Can parent have a savings account or be concerned someone is going to say "S/He has money?" Child is 20 years old in college and is capable of supporting self but lives with one parent.
answered on Oct 17, 2022
A child in college full-time is not considered to be emancipated and the duty to pay child support and make college contribution exists. Where there is an indefinite percentage or sum indicated there is likely a basis for court review in a Modification proceeding. The current Massachusetts child... View More
We have been married for 15 years without kids. We tried IVF several times, but it did not work. Now my wife wants to go for adoption, but I am not interested. She is even willing to do it as a single mother. And I am opposed to it primarily because, we don’t know how things will turn out after... View More
answered on Oct 11, 2022
I am actually not sure whether your wife could adopt a child solely while you are married, but another lawyer with expertise in adoption may be able to answer that.
Regarding an agreement to waive child support, however, that is definitely not possible. The courts view child support as... View More
When my dad passed away 3 years ago he had no assets including house cars or property. She had randomly reached out tonight asking us to sign and make her executer of his “estate”. How should we proceed?
answered on Sep 2, 2022
First of all , was he a resident of Massachusetts? If so ,Is it a Late and Limited Petition? Because a regular estate post 3 years is not available. The Late and LImited Petition is just that- a filing to determine title to assets inasmuch as the 3 years post date of death has passed.
now his father is telling me he's no longer going to let him come home what are my rights I've been raising him for the last 17 years and his father owes over $100,000 in child support in Massachusetts what can I do to get my son back legally?
answered on Aug 1, 2022
If you are the primary custodial parent he is in Contempt and a Contempt Complaint should be filed in the Court where your custodial orders were established ASAP with a Motion and Affidavit for Emergency hearing to have the child brought back to Massachusetts also potentially has also violated... View More
I volunteered for a probation officer to investigate my custody dispute currently I'm court. I currently have visitation that is ordered from the judge. I take random urines and there was a problem with the system and it reported I didn't have a urine and the probation officer said I did... View More
answered on Jul 26, 2022
It sounds like something is amiss and you should have legal representation in this important matter which you have tried to handle pro se to your detriment. You may seek a hair follicle examination via Motion citing the information you have given in this question, but your ability to navigate the... View More
I am left from my family. My brother never married or had children. He passed in 2011. A bank in Boston has money of his. How can I retrieve it?
answered on Jul 15, 2022
You will need to follow the process for a Voluntary Statement filing in the Probate Court for the County where your brother was living and you will also need to obtain his death certificate which the funeral home can help you with and you can also contact the town where he died .
My ex has primary custody of our kids. They live in filth and squalor, sleeping in beds with moldy food, used tampons, etc. I have video and photographic evidence, along with my ex admitting to the conditions in text messages, asking me to help clean, and stating, "I can't put all my time... View More
answered on Jul 13, 2022
It does sound like neglect from your description of the children's living situation and the DCF can be contacted to investigate. They will know a divorce is pending and that you are a party. Is this a new distinguishable state of affairs in the household ? One of the questions that will be... View More
Parent has lost all custody due to a restraining order being pulled against her and her boyfriend by myself, on behalf of our child. In our modified agreement/judgment prior to the restraining order, she was responsible for half of the cost of childcare, medical bills (I pay for insurance by my own... View More
answered on May 9, 2022
The Financial Orders are still existing and are in effect unless modified or vacated which they apparently have not been. The failure to comply entitles you to bring a Contempt action.
She was living with my sister and my sister was a domestic violence victim,he is in jail. She,my mom, has dementia,but if am the guardian of my mom can I tell elderly serviceI want my mom with my sister?
answered on May 2, 2022
A guardian can make decisions in the incapacitated person's best interests and there seems to be an issue of sister's husband being a domestic abuser which could subject your mother to potential violence if I am reading your question correctly. Inasmuch as elder abuse could be claimed... View More
Can a summons be left inside a mailbox while you are not home. The summons says it was hand delivered and the other attorney certified she hand delivered it to me. This is in the state of Massachusetts.
answered on Apr 29, 2022
So a summons for a divorce complaint is distinctive from other summonses and you have not specified the item service was attempted of. Once a case has been commenced notice can be served at the party's last known address.
I'm disabled
Epipsy, PTSD and severe panic disorder.
After a four year criminal harassment court battle with our former duplex neighbor who was found guilty my husband who witnessed the trauma and it's damage that blew through my life. He himself after vacating our home... View More
answered on Apr 28, 2022
It sounds like you need the Probate Court's intervention in the form of Temporary Orders concerning exclusivity of possession of the home and orders concerning preservation of the asset if it is a home owned by the parties and spousal support and return of the liquidated marital funds - you... View More
My daughter has lived with me full time for 4 years. My ex had sole custody of her legally. He hardly gave me any financial support. Since she has turned 18 he refused to help with her. She is still in high school and has a severe mental illness. I have tried taking him to court about a year ago... View More
answered on Apr 25, 2022
So the child has not graduated from high school and may have special needs also. There should be child support in accordance with the child support guidelines and you may need to once the child has completed high school seek contribution for the child's continued care via equity petition... View More
have full custody of 2 of my children, they have been staying with their father for last 60 day, does he pay me still
Per judge on 3/18 and DCF I still have 100% custody nothing ever changed
answered on Apr 20, 2022
Until the order or Judgment is modified by the Court it is still in effect.
We got an order back in January. I had no idea that I had to apply for services through the DOR, I thought they just kind of did their thing. Now I finally have the DOR involved, but they said they’re only responsible from now on. Does he still owe from the 14 weeks since the order was made? Or... View More
answered on Apr 19, 2022
Yes, he owes the 14 weeks during which he neither paid MDOR nor you. You may use the MDOR to proceed with a Contempt to enforce the back child support order/calculate the arrears. You will need to complete their application for same.
Every visit he has tried to get me to sign a release of information. Today he asked for verbal consent. Every single time I said no. I want to keep Dcf separate with all entities and don’t want my Children’s doctors or school to know about their Dcf case. Is this true? They have to speak with... View More
answered on Apr 15, 2022
Schools and doctors have mandated reporter requirements if abuse or neglect is suspected. The DCF is the agency to whom they would report concerns . The DCF would investigate whether there is a supported claim and take action accordingly. Lack of cooperation usually does not reflect well.
My male relative (D) is having a child with a woman (S) who is separated from her husband (K) but still legally married. Can D legally put his last name on the child's birth certificate even though S and K have not finalized their divorce?
answered on Mar 3, 2022
The presumption is that the child is born of the marriage, but the parties can agree that the child is not of the parties along with the biological father. The prospect of paying for a child not his own is usually an inducement to cooperation by husband, but what is bio father's willingness...
He said he’s going to stop paying for 21 year old who is going in to her 5th year of full time college. She still resides with us and we pay a 99% of her expenses. He said he’s going to cut child support in half because the have two children. He said he went to lawyer and because he has two new... View More
answered on Mar 2, 2022
The ex-husband can't unilaterally make changes to child support, no matter the reason. It can only be done via a court order. That court order could be the result of a written agreement by the parties to make changes or from a judge after a hearing, but the ex would be in contempt if he just... View More
I just need someone to hear me out, please. I need help.
answered on Feb 7, 2022
Use an LAR attorney. Below is a full explanation of how it works. It gives you an opportunity to hire an attorney for just one or two things. Check it out at:
https://divorcingoptions.com/Handouts/Limited_Representation_PDF_Handout_Version.pdf
I am trying to gain full legal and physical custody of my two kids but will be representing myself with the documents I have.
answered on Jan 18, 2022
You are not required to conduct discovery, but it is advisable in order to obtain information which may be evidence at the trial of this matter.
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