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The other party has agreed to waive a certain amount of child support in out case. Just wondering what the steps are?
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.
.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?
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... View More
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... View More
answered on Apr 14, 2020
Your Rule 401 Financial Statement filed with the Court should report all payments and expenses.
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... View More
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... View More
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... View More
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... View More
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
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.
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... View More
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... View More
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... View More
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.
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?
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... View More
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.... View More
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... View More
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.... View More
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?
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... View More
Out of curiosity. Does MGL 215 Section 2 appoint someone to be a special process server with law enforcement powers in Massachusetts?
Someone sent me a text/ picture showing he is authorized to serve any and all process, including arrest warrants under that law and given powers “to keep... View More
answered on Dec 21, 2019
Although I have not seen the photograph you received, and I cannot comment on the authenticity of what you received, here is what the law that you inquired about says:
M.G.L. 215, Sec. 2 outlines Superior jurisdiction; presumption:
Probate courts shall be courts of superior and... View More
After my ex and I split, we both agreed on an informal child support agreement. He'd continue giving me access to his vehicle and keep my phone on his cell phone plan. After a few personal disputes, he's threatening to take them back knowing it'll affect our kids, ie getting to drs... View More
answered on Dec 11, 2019
It almost always protects the children more if there is a formal child support agreement in place with the Court as it can be enforceable through the Department of Revenue.
It can also be arranged by the Court to take child support straight from his paycheck. This helps in matters where... View More
answered on Nov 25, 2019
If there is a material change in circumstances of the parties or child, yes, there may be further modifications.
I would like to know how and what I can do if I feel there is child alienation from father to me mother
answered on Nov 25, 2019
You can request that the Court appoint a Guardian ad litem to investigate whether the claims against you are legitimate or are alienation . The Court can order payment of the GAL's fee to the requesting party or order both parties to pay for the GAL. In indigency or low income situations the... View More
I live in Boston, MA but, I have no family to go to that could help me. I really need this document as I am trying to prove I am a citizen.
has agreed to waive. How do we do this given I live in MA and he's currently residing in China teaching?
answered on Sep 19, 2019
Your question says, “How do we do this”.
I am not sure what “this” is. Are you asking about the emancipations of your children or the formalizing of the arrearage release?
I will assume you are asking about the release. You and he can file a Joint Petition to Change a... View More
answered on Aug 27, 2019
Hello, Yes, I would need to review the instrument and are you indicating that you believe self-dealing is occurring with the co-trustee?
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