Edward C. Gauthier IV’s Answers

Edward C. Gauthier IV

Greenfield Criminal Defense Attorney.

Contributor Level 3
  1. Can I withhold alimony until my spouse pays me money owed?

    Answered 3 months ago.

    1. Edward C. Gauthier IV
    2. Henry Lebensbaum
    3. Thomas C. Marino
    4. Christine G. DeBernardis
    4 lawyer answers

    Terms of a divorce judgment stand alone. You cannot violate one term simply because your ex violates another. For example, you can't withhold visitation because your ex isn't paying child support and vice versa. Your best bet is to live up to the agreement as written (you will look like the bigger man in court) and if your ex doesn't, file a Complaint for Contempt with the Probate and Family Court.

    Selected as best answer

  2. I falsely accused my bfrnd of hitting me

    Answered 3 months ago.

    1. Lauren Craig Redmond
    2. Eleanor R. Hertzberg
    3. Edward C. Gauthier IV
    4. Jay Scott Finnecy
    4 lawyer answers

    You can be charged with filing a false police report so be careful. If you don't want charges against your boyfriend, you should speak with an attorney about whether you have a Fifth Amendment privilege not to testify.

    2 lawyers agreed with this answer

  3. How do i actually answer a 1B divorce complaint in Mass? What am i answering to? Is there a form i should use?

    Answered 3 months ago.

    1. Allan L. Baron
    2. James Thomas Kinder
    3. Edward C. Gauthier IV
    3 lawyer answers

    How you answer a divorce complaint depends on a number of factors including the relief your spouse is seeking. If he or she is simply seeking a divorce and an equitable division of property, your answer can be very simple. But if there are more complicated issues, you need to be careful. Normally, you can handle a "no contest" divorce on your own but if there are property issues or children involved, you would benefit from at least consulting with a lawyer.

    1 lawyer agreed with this answer

  4. Can I file bankruptcy?

    Answered 3 months ago.

    1. Shaye Larkin
    2. Lisa Torelli McCue
    3. Scott Benjamin Riddle
    4. Michael J. Szklasz
    5. Danielle M. Callahan
    6. ···
    6 lawyer answers

    When you file for bankruptcy, you must include a list of all your creditors. Assuming you qualify, you will get a discharge of not only your car loan but credit cards as well. Your ex will be solely responsible to pay the loan if you get the debt discharged.

    1 lawyer agreed with this answer

  5. Any way I can force her to pay as she promised?

    Answered 3 months ago.

    1. Howard M Lewis
    2. Heather A. O'Connor
    3. Edward C. Gauthier IV
    4. Jamie Mauritz James
    5. Polly A. Tatum
    6. ···
    7 lawyer answers

    That is not "the standard way that the lawyers write things up ." Unfortunately, a divorce judgment cannot be modified just because she has made some promises. If you want to modify the judgment, you will have to file a Complaint for Modification with the Worcester Probate and Family Court. You will have to show a "change of circumstances" warranting modification. If there was a genuine mistake made in the drafting of the agreement, you may be able to petition the court to revisit the...

    1 lawyer agreed with this answer

  6. I had a Bankruptcy discharge in January. I had a car loan that I continued to pay on but did not sign a reaffirmation with them.

    Answered 3 months ago.

    1. Matthew Scott Berkus
    2. Sandra A Kuhn Esq.
    3. Kendall David Coffman
    4. Shelley Ann Elder
    5. Edward C. Gauthier IV
    5 lawyer answers

    The check that you get won't be made out to you alone. Your lienholder (the bank) will get the money from the check. If there is anything left over, it's yours.

    1 lawyer agreed with this answer

  7. I just found out I had a warrant for assault and battery after 21years I went to court for it and they continued it to a later d

    Answered 3 months ago.

    1. Andrew W. Cowan
    2. Jay Scott Finnecy
    3. Robert Lee Vogel
    4. Ryan P. Sullivan
    5. Edward C. Gauthier IV
    5 lawyer answers

    All depends on whether the DA can find the person you are alleged to have assaulted and battered. If not, the case will be dismissed. If they can find him or her, you may have to prepare for trial.

    1 lawyer agreed with this answer

  8. What to do??

    Answered 3 months ago.

    1. David C. Newton
    2. Michael J. Szklasz
    3. Jay Scott Finnecy
    4. Thomas G. Briody
    5. Bill Whittaker
    6. ···
    8 lawyer answers

    You can sign an accord and satisfaction asking the court to drop the charges. You are married so the state can't force you to testify against your wife. You can just claim a marital privilege.

    1 lawyer agreed with this answer

  9. What are some ways to resolve disputes after divorce without going to probate court, filing a contempt order, etc?

    Answered 3 months ago.

    1. Jaye L. Samuels
    2. David Scott Carron
    3. Erik Hammarlund
    4. Jamie Mauritz James
    5. Edward C. Gauthier IV
    6. ···
    7 lawyer answers

    Post-judgment mediation is non-binding unless you agree that it is binding. Assuming your divorce judgment is final, it can only be amended by filing a Stipulation of Modification (agreed) or a Complaint for Modification (not agreed). If you cannot agree to a modification, you will have to show that there has been a "material change of circumstances" since the judgment entered, Binding arbitration is probably less expensive than each of you hiring your own attorneys but he needn't agree to...

    1 person marked this answer as helpful

  10. How can I change an agreement on taxes exemption?

    Answered 3 months ago.

    1. James D. Lukowiak
    2. Jaye L. Samuels
    3. Christine G. DeBernardis
    4. Michael J. Szklasz
    5. Jamie Mauritz James
    6. ···
    6 lawyer answers

    If you and he can agree to make the change, you can file a Stipulation of Modification with the court. If you cannot agree, you will have to file a Complaint for Modification (which is a lawsuit, essentially) asking the court to change the agreement. if you cannot come to an agreement, you will have to prove to the court that there has been a "material change of circumstances" since your divorce agreement entitling you to make the change.