Howard M Lewis’s Answers

Howard M Lewis

Framingham Divorce / Separation Lawyer.

Contributor Level 20
  1. How long would a contempt take to file and then be heard in Norfolk County?

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Ann Frances Breau Karpenski
    3. James Thomas Kinder
    3 lawyer answers

    This is a two part question, an attorney could fill out the complaint for contempt relatively quickly, in some cases the same day you retain him or her, then it can be mailed or if necessary hand delivered to the probate court to be filed, many firms are in the few probate courts we have several times per week. The next question is when it can be heard by the court, most courts fast track contempts and in that county I would say aproximately 2-3 weeks, don't forget you also have to serve the...

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  2. What if my husband stops paying me child support

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Christopher W. Vaughn-Martel
    3. Todd Allen Davidson
    4. James Thomas Kinder
    4 lawyer answers

    I am sorry to hear this, the fastest and most cost affective way would be for you to file a contempt with the local probate and family court. If you live in Brookline that would be Norfolk County and the Probate court is in Canton. You can file a complaint for contempt the filing fee is $5.00 and you can usually get a court date fairly fast. In some cases you can file a motion for costs and attorney fees. Good luck and take care. Be careful, the longer you wait the more he may think he can...

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  3. In my divorce agreement it says that if one party

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Keith G Langer
    3. Elliot S Coren
    4. Christopher P Norris
    5. David Alexander Browde
    5 lawyer answers

    I completely agree with you that although you may be able to afford the legal, if he has to write you a check, it does sting and it may prevent him from hiding income in the future- the caveat is how much- if he is making an extra 100k per year and you only uncover 10k, his cost of legal of 10k will step net him a before tax advantage of 80k, so you need to make sure you do your homework if your going in on either the modification or the contempt?

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  4. Do I need to have a forensic accounting done in my divorce

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Marc D. Roberts
    3. Christopher P Norris
    3 lawyer answers

    It doesn't sound like the costs will benefit your outcome. Use your common sense and you will be fine. Take care.

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  5. Does it matter who files a divorce first me or my husband?

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Paula Brown Sinclair
    3. Nicole C. Armstrong
    4. Elliot S Coren
    4 lawyer answers

    This is a matter of strategy and personal opinion, however if the divorce is contentious and you need temporary orders for child support or spousal support (alimony) then you should file first. Also and I think very important you get to speak first in court if your motions are first and you can set the pace and the tone of the process. You can take back control of your life if it has been stalled and you can regain control of your future. I like filing first if we are going to court. Take...

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  6. Can my parents be deposed in a divorce depositions

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Nicole C. Armstrong
    3. Erik Hammarlund
    4. Paula Brown Sinclair
    4 lawyer answers

    yes they can and be very careful about having them transfer money to you prior to any divorce filings as the money could be argued as a gift versus a loan. In fact you should not be discussing this online. Regarding the deposition, if they are relevant witness's they could but local judges here in MA frown on that type of behavior and your attny may be able to quash the subpoena if one is served, however even if they are deposed, they don't seem like they have too much too hide, it seems your...

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  7. My friend's husband cheated on her

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Rixon Charles Rafter III
    3. Barry Franklin Poulson
    3 lawyer answers

    I am very sorry for your friend, I suggest that she sit down with an attny and go over some facts. The courts do take into consideration conduct of the parties, however most of the time the conduct in question that may affect the marital estate distribution would be if the cheating spouse spent marital assets on his or her cheating partner. Your friend has many options. I wish her the best.

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  8. Divorce and House Question

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Ann Frances Breau Karpenski
    2 lawyer answers

    You and your husband can agree to whatever you like. Right now if nothing is filed he can do what is currently doing. Once a divorce is filed and he is served or you are served then there is an automatic restraining order limiting your spending to necessary and ordinary expenses. however, you can easily agree to finish it or if you disagree you can stop it and he would have to go to court to get an order to use your marital funds to finish it. Usually logic will prevail. yes, you have a...

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  9. Divorce- What woudl a typical hourly rate costs for a modification

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Kenneth P Doherty
    3. Nicole C. Armstrong
    4. Christopher W. Vaughn-Martel
    4 lawyer answers

    Modifications can take anywhere from one court appearance all the way to the trial. Our office prefers to meet with clients, discuss the type of issues involved, whether there are children at issue, the possibiity of witness's and or expert testimony. The quick answer is $195 to $295 per hour. Take care.

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  10. How are the court calculating Alimony now with the new law.

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Ann Frances Breau Karpenski
    3. Richard A. Martone
    3 lawyer answers

    The court will first calculate child support if that is relevant to your case then they will calculate alimony based upon what is left of between 30 and 35 percent. They will also factor in the needs of your spouse and may impute a certain amount of income to her. This is a very complicated portion of your case and I really suggest that you sit down with whatever attny you choose and have him or her discuss your income, your tax situation and options. This is the part of domestic relations...

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