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Mark Twombly Lee

Mark Lee’s Answers

59 total

  • Is he in contempt? What do I do?

    Yesterday in court we signed an agreement for supervised visitation. It states the supervisors and a backup supervisor. Prior to signing I was told by his lawyer that supervisor A was available for visitation tomorrow. The agreement also states I ...

    Mark’s Answer

    Short answer: no. Your visitation is supervised and a supervisor is available to make the visit happen. If the primary supervisor is going to remain unavailable, file a motion suggesting a new one. Presumably something happend or is alledged to have happend ( true or false) which caused the visitation to be supervised. Your goal should be to do the visits, do them without incident and get back to court so you can request normalization of your parenting plan - unsupervised visits. Getting into power struggles over who supervises the visits at this point makes it look like your more interested in getting things your way than just getting the time in with your children. As right as you may feel you are on this, let it go, take the long view: your goal is to do the visit, have them go well and get the supervisors out of there. Good Luck.

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  • Can a 16 year old in massachusetts decide where he/she goes to school?

    my parents are divorced with joint custody, and my mother disaproves of my significant other and is trying to remove me from the school we go to. my father approves of my partner and is willing to allow me to remain in school with my partner. my m...

    Mark’s Answer

    I am assume for the purposes of answering this question that reference to your "partner" is reference to a "platonic" relationship with no statutory implications that I could be viewed as otherwise endorsing by answering this question. As a sixteen year old, you can nominate your own guardian. If you have been living with your father, notwithstanding the last court order which has you living with your mother, it might also be a good idea for your Dad to file a complaint for modification to have the court recognize what your preference is and for the court orders regarding custody to reflect reality - that along would clear this up. Good Luck.

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  • I have joint custody but only have my son three weekends of the month and every Monday. How do I get this changed?

    My aunt had guardianship, when it was time for her to vacate it so that I could take over my child's father showed up and didn't want agree to anything but me having weekends. My atty thought that I should agree because he claimed the judge was re...

    Mark’s Answer

    The grounds for a Complaint for Modification are " a material and subtantial change in circumstances" since the last court order. With child custody, not much needs to be alledged to survive a motion to dismiss and get to hearing. I have a problem with this fact pattern in that you appear to be saying that Dad doesn't actually do his parenting time and you have joint physical custody with his mother. Naturally the question goes up, if one parent is willing to do the parenting, why is the child spending half of his/her time with a non-parent? That alone is grounds to proceed with a different parenting plan. Prior to filing your complaint, you should document where the children are living and have lived in the event Dad wakes up after you file your complaint and has the kids move in with him.

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  • Is there a statute of limitations in MA on how long a spouse has to ask for funds collected during the marriage ie. from a 401K?

    All information was offered to spouse and their attorney, they never followed up even though on numberous occasions the same info was given to both.

    Mark’s Answer

    I believe the sub text to your question is as follows: Your divorce specified a division of your 401K plan and years have passed with no Qualified Domestic Relations Order ever being approved by the court post-divorce, dividing the plan in accord with the divorce judgment. If I am correct on guessing the fact pattern and there is a court order - there is no statute of limitations whereby your ex waives their rights to collect. A judgment is a judgment. What may change over time is when you go into payout status under the plan. If you are the holder of the plan, the initial efforts to effectuate the court order are your obligation and if your ex discovers the oversight, s/he may seek to hold you in contempt of court for failing to submit a "QDRO" to the court.

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  • The divorce finalized in 2007. I recently discovered stocks in both our names never divided as mutual assets how can I acquire?

    My former husband forged my name to stock sale checks, wrote checks for fictious loans and did not disclose over the counter & my stocks. I recently discovered (and remembered) these. Is it possible to file a modification to recoup my share of th...

    Mark’s Answer

    You would not file a complaint for modification of the divorce judgment for undisclosed assets; you would file a complaint to have division on those assets as they were never dealt with in the divorce. For any intances where he failed to honor the agreement - and you can show actual damages- you can file a complaint for contempt for noncompliance with a court order. You dammages in the health care area would be the difference in what you would have been paying under the old coverage and what you are currently paying now.

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  • Moving out of state with my children

    My daughters father agreed to let me move out of state if he doesnt have to pay child support but he still wants them over the summer and school vacations?? I have full physical custody I dont have a better job down south theres just more oppertun...

    Mark’s Answer

    If you are both in agreement, you file a joint complaint for modification incorporating what you want as stipulation of the parties for judgment. Provided Dad is not making tons of money, the court has discretion to waive child support in instances like this so he can afford travel costs to maintain a relationship with the children.

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  • Would i be able to deny any visits

    i have a 4yr old with an ex .My ex has only seen our child once at the hospital the day she was born . At the time our daughter was born he was on parole in a court ordered rehab.he has a very bad temper and drinking problems which is what landed...

    Mark’s Answer

    It doesn't sound like there has ever been an adjudication of paternity. He has no rights under the law until he does. You are under no obligarion to offer anything.

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  • Can I move out of state with out permission from my childs father?

    I have full physical custody of my daughters. Their father and I share legal custody They see their father every other weekend from 9am-7pm sat and sunday he does not have his own place to live or place to keep the children over night. I want to l...

    Mark’s Answer

    You bet he can. You either need his written permission to relocate or a court order. Absent written permission from Dad, you need to file a Complaint for Modification requesting removal of the children from the Commonwealth and an appropriate inter-state parenting plan between Dad and children. Leaving the state for a job offer -presumably better paying work than you have here in Massachusetts, is proof of an "obvious advantage" to you for the move, which you will have to demonstrate to the court. It also bodes well for you that Dad's contact with the kids is limited because his relationship with them is considered. Your chances of prevailing on the complaint are good. Leaving the state without written permission or a court order, could subject you - if Dad goes to court to enforce his rights - to an order to return the children to th state pending final hearing or in some cases, a change in custody to the other parent pedning final hearing. As a custodial parent, I reccomend showing respect for the law and trust in the process. Get permission first.

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  • What should I expect at a 1A (Uncontested Divorce) hearing where nothing is being contested?

    My husband and I filed for a 1A Uncontested Divorce. We have agreed on all issues, and there's nothing being contested with regard to marital property, insurance or assets. Neither of us has a lawyer. We have a child together and have already come...

    Mark’s Answer

    Provided your financial statements are filed at the time of hearing along with your separation agreement, the judge will review your separation and financial statements. Assuming you have covered all the property settlement, insurance, custody and parenting issues in the agreement, s/he will ask you if you have read your agreeement, understand it, find it fair and reasonable and enter into it freely and voluntarily. Next s/he will ask if you if you have signed your financial statements, if they are a true and accurate representation of your income and expenses, assets and liabilities and if you are satisfied with the financial representations your spouse has made to you. Assuming all of those questions are answerd appropriately, you may need to address the issue of the resumption of a former name and then the judgement enters and may leave. Good Luck to both of you.

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  • Married 16 yrs and seperated for 2 of those years in mass. can i get alimony

    what are qualifications

    Mark’s Answer

    You can depending on what your needs are and what ability your spouse has to pay an award. Changes to the alimony law in Massachusetts provide for term alimony and a formula for calculating how many months of support you are entitled to but your first consideration should be, what is the difference between your income and your spouses.

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