Karen M Duffy's Answers

How long does it take to get an emergency modification for visitation?

I don't agree that there is an emergency here. It sounds like visitation is by agreement only so you cant file a complaint for contempt if you cant reach an agreement as there is not a clear violation of a court order. Contempts only work if the order states that you are to have visitation for example every tuesday from 4-8 and she refuses to give you a visit. While what the mother is doing may be morally wrong and simply not fair, it does not sound like she is actually violating a court...

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Is adultery a crime in Massachusetts?

While it is still considered a crime, it is unlikely that someone would be arrested for it. As far as using it as a grounds for divorce, I would caution you about using it as there are very specific rules regarding the same. Since Massachusetts is a no-fault divorce state, the courts often discourage people from starting a case that way because it does not make a difference when dividing martial assets unless the person has spend marital assets on the boyfriend/girlfriend.

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Will my ex (bf) get custody of my son?

If you are not married to the father than the law presumes that you have sole legal and physical custody of the child until such time as a Court orders otherwise. Since there are not any details regarding why he would be seeking custody, I would suggest that you consult with an attorney to discuss your legal rights and options.

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Can my son change his last name to my boyfriends last name without getting married to him?

Without the permission of the biological father, changing a child's last name is not easy as you will have to file a petition in Probate Court. The Court may question your motives to change your child's last name to that of your boyfriend's as what will happen in the event that the relationship ends at some point in the future.

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What is a fair percentage of gross income for alimony in Massachusetts?

Alimony is based on need and ability to pay. Unlike child support, there is no formula used in determining an amount. I strongly suggest that you consult with an attorney who can look at the global picture of your divorce to see what if any alimony you should pay. Remember that alimony is tax deductable to the person paying it so it may make sense to adjust child support and alimony amounts to take advantage of the tax consequences.

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Child support

You really should seek court orders establishing a visitation schedule as without it there is no way to force your wife to give you access to your child. There are several different options on how to proceed depending on whether or not you want to file for divorce. You should act quickly as every day you delay is another day that you do not get to see your daughter. Once you file something (i.e. complaint for divorce) and have your wife served, you can file motions for temporary orders...

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Can I file for divorce in MA with grounds of Adultery if I am the adulterer? If I do will this have any legal ramification?

Do NOT file for divorce on the grounds of adultry especially if you are the one who is having an affair. Adultry is still a crime on the books in Massachusetts so it is not in your best interests to say that you have been having an affair. You can file under the no-fault (also known as irretrievable breakdown) divorce. Also, when someone files on the grounds of adultry you are required to name the other person and they end up having to participate in a court hearing and it is simply not...

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Does she have to abide by the restraining order?

She must comply with the restraining order even if she left Court before receiving her copy as the Judge typically informs the parties what he or she is Ordering. Therefore, she has actual knowledge of the restraining order and its terms even if she does not have a physical copy of the Order. Also, if she failed to get her copy at the Court then the police will have to serve her with it.

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The child for whom I pay child support turns 18 in January. How do I terminate the support order?

You will need an order of the Court to terminate child support but keep in mind that there are circumstances in which child support can continue beyond the child's 18th birthday (in fact it can continue until age 23). Child support is calculated using a mathmatical formula based on the income of the parents and as such you and the mother may not have to pay equally, but if pursued by grandmother, each of the parents would be required to pay an amount based on your individual incomes.

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Ex refuses to finish divorce

Both parties need to complete the Parent Education Class before filing a Joint Petition for Divorce. If you just file for Divorce and he fails to attend the class than you can file a motion to compel him to attend. If he still refuses to attend than the court can still grant you the divorce but will usually (but not always) refuse to grant him custody or other rights relative to your children.

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