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Jeffrey Allan Miller

Jeffrey Miller’s Answers

22 total

  • Joint legal/joint physical custody. Do I have a case for ending child support?

    Right now I am paying my ex money every month. I have my son more time than she does and pay for virtually every expense that comes up for him. We are supposed to split things but I have not seen a dime in over a year. Our son is in school all...

    Jeffrey’s Answer

    The amount of child support to be paid is a "fluid" concept, based on a number of factors. If the child support guidelines do not equal the amount you are paying then you have standing to ask for a modification. The amount of time you care for the child and the amount of expenses you are paying are other factors that the court looks at, Caution: filing for a modification can backfire. It is advisable to speak with an attorney, even if you decide to do this yourself, to review your options and all possible consequences. All of the facts must be considered when attempting to calculate "chances" of success.

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  • Can I get a divorce if my ex filed the divorce and doesn't show up.

    I live in Massachusetts and my soon to be ex husband filed for a divorce and now I was just told by him he is going out of the state (California I believe he said ) and that he is not going to show up. Would I be granted the divorce if I still wa...

    Jeffrey’s Answer

    Hypothetically speaking, and given the information of the above facts. An answer and counterclaim must be filed, if not already. In the counterclaim, you would request the divorce, and any other relief you are seeking. You may need permission from the court / judge, to file and answer late if one wasn't properly filed. If so, this must be done by a Motion to the court, usually scheduling a date to appear. Once an answer and counterclaim if filed, a pretrial date will be scheduled, if not already scheduled. The judge can dismiss his claim and grant you the divorce based on your counterclaim, if he doesn't show up. An attorney would be very helpful in getting this done, however, you may be able to accomplish this yourself with proper guidance.

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  • Just divorced this month filed single 2013 they took my refund and applied it to my husbands 2012 unpaid business taxes can I rf

    refund on divorce paperwork it states my husband takes full responsible of all unpaid taxes owed for 2012 which it is not very much now that my $899 has been applied to his business taxes. In 2012 I worked as a waitress got a pay check every week ...

    Jeffrey’s Answer

    yes, you have a chance. If he doesn't pay you for the reimbursement perhaps you should contact your attorney. If you don't have one you can look on the state website for attorneys who are certified as LAR, limited assistance representation attorneys. They can draft the paperwork for you and even represent you in this matter. Please don't be afraid to call, especially those that offer a free consultation. Good luck.

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  • Would/could a judge give me less than what I asked for but more than what I have?

    My ex wife has physical and legal custody of our children. I filed for sole custody. We have done the pre-trial and are awaiting trial. My argument is that she has and continues.to do everything she can to remove me from our childrens lives when ...

    Jeffrey’s Answer

    First on point is that you have two separate issue you have to argue. First, physical custody, which is essentially the child's primary address. The second is legal custody. For couples to share legal custody, the parties have to be able to discuss the issues and be reasonably amicable. If the parties are not then it is unlikely that the Judge will allow shared custody. You must remember the court really is only concerned about the child, not necessarily you or your ex. A parenting plan can be decided by the judge, however the court does look at the status quo and will try to keep things as constant as they can for the child. My experience has taught me that courts usually would rather not create a parenting plan if they don't have to and usually a "deal" can be made either at pretrial, or before the trial itself. Good luck.

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  • Do I need to continue paying child support if my children are only attending college part time?

    My divorce decree calls for the child support to continue until the age of 18 unless principally dependent on the parent then until 21 unless attending a full time education program then until 23. My kids are 19 & 22 and do not attend college ful...

    Jeffrey’s Answer

    The first two attorneys who answered the question provided insightful answers. Even if you must continue to pay child support, it may be worth while to speak with an attorney to check the child support guidelines as the law changed last year and resulted in about a 10% reduction for the payor, (you). Many attorneys, included myself offer a free consultation. It might be worth your time to seek person to person advise. Good luck.

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  • How to enforce terms of divorce in MA?

    Ex was supposed to remove specified items from the home (I kept the home in divorce) by 3/31/14. It is now June and the items remain in the home. Are they now mine by reason of default? Can I do what I wish with these items? Also, she was supp...

    Jeffrey’s Answer

    The two attorneys above answered this question with precision.

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  • Do I need a lawyer to petition the court to stop child support in Massachusetts .

    my son is 22 and away at college. lives with me now when he is home

    Jeffrey’s Answer

    • Selected as best answer

    You do not need a lawyer to petition the Court to stop child support in Massachusetts. You will have to file a Complaint for Modification, and a Motion for Temporary Orders. Many people feel more comfortable with an attorney by their side, in case things get "sticky". You may hire an attorney just to appear at the hearing with you, and review your papers before you file. Please see the attached list for LAR qualified attorney's in Worcester.

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  • I signed a birth certificate in R.I. of a child that is not mine almost ten yrs ago. The mom is taking me to court for support.

    How can I beat this case and not pay support?

    Jeffrey’s Answer

    Is she taking you to court in Massachusetts? If so, you may be able to move for a paternity test, to prove that you are not the biological father. Have you been involved in this child's life?
    In Massachusetts, for children born "out-of wedlock", the mom may be able to get retroactive child support. This may be a very substantial amount. I recommend that you hire an attorney licensed to practice in the state that you are required to appear.

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  • Can you get out of paying child support with a doctors note

    I have three children and have not recieved child support in ten 10yrs accept when we go to court and he makes a payment . For a year he has been saying he is looking for a job and can not find one , then he will ask me to " just be patient " ...

    Jeffrey’s Answer

    Please follow the following web link for more information:
    http://www.masslegalhelp.org/children-and-families/child-support
    A lot of factors are considered regarding child support. Has paternity been established?
    Also, whether or not the children were born out of wedlock may effect your rights in Massachusetts. For example: note the following statute. http://www.malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter273/Section15
    also see: http://www.malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section28
    The payment and receipt of child support payments are not always "clear cut". A qualified family law attorney can be very helpful in situations like these. I hope these links help you find the answer you are looking for, if not, please feel free to contact an attorney listed on this website.

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  • I am in the process of getting a divorce. In 1988, my wife's parents loaned us $100,000 as a down payment on a house.

    We signed an agreement to repay the debt, but there was no time specified. Since then, my in-laws told my wife that they did not expect repayment. However, they still hold the 25 year old document with my wife’s and my signatures on it. I am co...

    Jeffrey’s Answer

    I agree with my colleagues. You should both be claiming equal shares of the $100k debt on your financial statements.
    Maybe your parent's in law can write a letter that the debt has been forgiven, or if/when/ and how this debt is to be repaid. (note: It may not be in your best interest to sign any papers regarding this "debt" until you speak to a qualified attorney). Your attorney should at least ask. If the parents deny your request for the letter, then you can use this letter to show to the court that you both owe this debt, in essence, it will cancel each others claim regarding the division of the marital debts.
    If her parents only forgive your wife's half, (prior to the divorce), then the court may look at the $50k as a joint marital debt. This is a difficult situation, because her parents have the option of enforcing the contact against you, and not their daughter. You would have to join your soon to be ex, as a party to the action if her parents pursue this matter in court. If you are served a Complaint regarding this loan.... DON"T WAIT. Hire an attorney.
    It is difficult to give a concrete answer without looking at all of the relevant documentation.
    My advise is to contact an attorney, as the issues at stake are probably going to be higher than any attorney's fees you encounter.
    I'm sorry that you are in this position, and extend my sympathies. I wish you the best of luck, and feel free to contact myself, or another attorney for a consultation.

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