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Massachusetts Family Law Questions & Answers
1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Massachusetts on
Q: Hello I'm searching for answers to questions relating to divorce, disability and what constitutes neglect or a crime

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

Lillian J. LaRosa
Lillian J. LaRosa
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

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Can I file for child support for my 18 year old high school student with severe mental illness

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

Lillian J. LaRosa
Lillian J. LaRosa
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

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: have full custody of 2 of my children, they have been staying with their father for last 60 day, does he pay me still

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

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 20, 2022

Until the order or Judgment is modified by the Court it is still in effect.

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: Is my ex husband responsible for child support from the time of the order or from the time DOR gets involved?

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

Lillian J. LaRosa
Lillian J. LaRosa
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.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Massachusetts on
Q: My Dcf worker said that in order to close my Dcf case, they have to verify with my Children’s doctors and school.

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

Lillian J. LaRosa
Lillian J. LaRosa
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.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: Can a woman put the last name of a man she is not married to on her child's birth certificate if she is still married?

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?

Lillian J. LaRosa
Lillian J. LaRosa
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...

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: Can wife’s ex-husband just stop paying child support and decide what he’s going to pay? In MA

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

Brian Waller
Brian Waller
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

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: How do I get help writing a proper pre-trial memorandum & a lawyer to attend a scheduled pre-trial date with me?

I just need someone to hear me out, please. I need help.

Anthony C. Adamopoulos
Anthony C. Adamopoulos
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

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Do i need a discovery if I am representing myself in family court?

I am trying to gain full legal and physical custody of my two kids but will be representing myself with the documents I have.

Lillian J. LaRosa
Lillian J. LaRosa
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.

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: Can an unmarried mother of two children request retroactive child support when initially filing for child support?

Seeking retroactive child support back to the date the kids and I moved out. (4-5 years ago). We were never married and he is the father- on the birth certificate of both children.

This is a new child support request. We previously had a verbal agreement for weekly payments that he has not... View More

Brian Waller
Brian Waller
answered on Jan 11, 2022

Usually, a retroactive order can only go back as far as the date the opposing party was served with the complaint for child support. If there has never been an order previously, you may have the ability to argue for retroactive support back to the child's date of birth, but it would depend if... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Do I have to provide information to my child’s father if he hasn’t been in their life for over 6years?

My child’s father has not been in their life for over 6years. During that time I have had them full time with no help from him in any way. He does not pay any child support. He does call about once a month. Recently he has been asking for their information everything from school/medical records... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 31, 2021

There sounds like a lack of relationship over a lengthy period of time and the Court is sensitive to the effect of father's suddenly attempting to regain contact where there had been no regularity. Asking for contact information about other people is indeed odd and really not your information... View More

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1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: asking for my daughter who is in a bad situation in a marriage with a 2 year old and cannot afford a lawyer

not sure if this question got through previously but my daughter is in a very emotionally abusive situation with a husband of almost 6 years that has complete control over all assets and resources and has a young girlfriend that he stays with during the week in another part of MA. Since everything... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 23, 2021

There are pro bono attorneys such as through the Volunteer Lawyers project of the Boston Bar Association and the major law schools have law clinics which may be a route. She has obvioulsy rights not to be abused and there would be child support orders for the child. If this is a brief marriage... View More

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: If I have full custody of my child but she visits her mom on the weekends do I need her permission to move out of state

My child is 12 now I've had custody since 2014 mom lost custody for not complying with dcf. I would like to move out of state and change her visitations to the summers every other holiday and school vacation is this possible?

Kim Carnevale
Kim Carnevale
answered on Oct 12, 2021

Even though you have custody as a result of a DCF case, you would still need to get the permission of the Probate and Family court before you could move out of state with your child if MA removal laws apply. MA law requires you to get permission-

IF your child was born in MA or has lived...
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1 Answer | Asked in Divorce, Family Law, Immigration Law and Federal Crimes for Massachusetts on
Q: 2 years ago, my friend married a guy but he's using her for the green card. How can I report him anonymously?

This guy is from Haiti. He has been staying on the tourist visa and he seduced my friend to married him. He has a kid with her now: a 2 years old daughter.

Kevin L Dixler
Kevin L Dixler
answered on Oct 3, 2021

More information is needed, but it cannot come from her. You have no affirmative duty nor direct evidence of fraud by the husband! Strangely, you ‘may know’ more incriminating facts about her!

It reads more like, she ‘seems to want’ out of a marital relationship that appears to...
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2 Answers | Asked in Family Law and Child Custody for Massachusetts on
Q: Does a lawyer have to file a notice of appearance before a court date?

Can someone just show up to court with a lawyer that they previously did not have?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 21, 2021

Basically you can hire counsel as long as you find one who will take your case. Occasionally counsel is brought in late in the proceedings and asks for a Continuance which the Court can allow. This may be the concern you have- delay of the proceedings. Occasionally counsel brought in may have a... View More

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1 Answer | Asked in Family Law, Adoption and Child Custody for Massachusetts on
Q: Does a reliquish of rights go I to affect the day it was signed. It was done in front of a notary public and witnesses

It is stamped, signed and dated and filed into court

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 15, 2021

It has to be filed with the Court and acted upon to take effect. If you have second thoughts you really should have counsel represent you!!

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: My mother has court ordered visits of one of my daughters, with the rise of Covid again, I'm not comfortable with it

They have 2 grown children who also live in MA and visit them almost daily, but my mother lives in RI. They aren't cautious, but I don't want to be held in contempt. I've offered video calls and outdoor visits, they won't budge. How do I keep my foot down?

Kimberly Erwin
Kimberly Erwin
answered on Sep 12, 2021

I don’t know that you can. If the court order was entered after the start of the pandemic, you most likely need to allow visits. If it was entered previous to the pandemic, I would suggest requesting masks (as well as your other requests) be worn in writing. If they refuse, I would document the... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: am I entitled to half our house if bought 5 months before wedding?

We have been a couple for 20 years, married 14 years. We lived together for 5 years prior to buying a house 5 months before our wedding. The house was initially in his name because he had better credit at the time. We refinanced recently and I am secondary on the mortgage. Am I entitled to half?

Anthony C. Adamopoulos
Anthony C. Adamopoulos
answered on Aug 26, 2021

Maybe, it depends on all of the factors surrounding your divorce and living together prior to marriage. The Judge must consider about 15 factors then decide what an equitable division of all the assets would be.

You want to consult with an experience divorce attorney who will review the...
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1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Can I get a lawyer for my 13 year old daughter concerning child custody and her not wanting to see her father?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 17, 2021

Your counsel can file a Motion requesting the appointment of counsel for the child. The Court may also determine to appoint a Guardian Ad Litem to investigate and report to the Court concerning the best interests of the child in custody and visitation matters.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I am looking for a pro bono lawyer to represent my 15 year old. She would like to live with me full time. Thank you

About three years ago my ex husband suffered three ischemic strokes which altered him. I was a stay at home mom for 13 years and one day come home to being kicked out, he retained a lawyer, I was left powerless. I lost custody of my kids after a long battle I couldnt win. It took a long emotional... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 21, 2021

Since your 15 year old has been with you and apparently wants to stay with you , this is a Modification of custody complaint which you would be bringing. At 15 your child would have a voice about her primary residence and would still have visitation with father. It is unfortunate that you have not... View More

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