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Howard M Lewis
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Howard Lewis’s Answers

7,010 total


  • My ex husband filed for a restraining order against me so i couldn't see or talk to our 11 year old son i could not go to court

    I was in the hospital the day of court.How can I get this restraining order terminated? As of right now I cannot see or talk to my 11 yr old child.My son is not doing well.He needs his mother,Ive always been in his life.He has always lived with me...

    Howard’s Answer

    You should go to the court that issued the restraining order and explain that you were in the hospital on the date of the hearing. The court personnel can assist you with filing the appropriate paperwork to ask for a hearing whereby you can appear and present your side. Good luck.

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  • What are the laws in Massachusetts when it comes to a parent taking their child out of state on their allowed parenting time?

    Reason for the question. Is less than 1 year ago my ex and I entered into a judgement (I filed)... after 7 years of being apart and having open visitation and parenting out side of court orders. He currently has sole and full legal. This was done ...

    Howard’s Answer

    The answer to your first question is "no", your ex-husband cannot unilaterally decide that you cannot spend time with your child during your scheduled weekday visit. Refusal to allow such visits is a contempt of the court order. Regarding the second issue, you should first review your court agreement to see if it addresses either parent taking the child out of state. If not, you should seek court permission to travel to Maine. In my experience, the court will allow for travel out of state, and often out of the country, when the trip is family-related.

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  • Summer Vacation time - Do we need to go to court?

    Hi there, My ex-husband and I finalized our divorce in February of this year. In our CO it states that each party shall receive one full week with our now 2 year old son, in the summer. I have put fourth a request for a week in 2015, as ...

    Howard’s Answer

    Although it seems silly to have to go to court over this issue, if you and your ex-husband cannot agree, you will have no other choice unless you change your vacation week. Good luck.

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  • Is it worth proving I added more equity to my husbands home after 6 years of marriage than he did in 15 if not on deed?

    Husband bought in 1997, two family for $157,00 with 1st wife, refi'ed 5 times with her draining all equity, bring mortgage up to $458,000. Does not make profit off rental, never has he rents under market refusing to put work into property. I too...

    Howard’s Answer

    I'm not quite sure if you are looking for credit in a property division or are looking for alimony. In either case, your contributions, both financial and non-financial, are factors that the judge takes into consideration. I suggest scheduling time to discuss this issue further with your attorney. Good luck.

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  • What to do when your ex dragged your name through the mud

    My ex husband called dcf on me multiple times during a custody battle, while in court he denied this and the judge ordered the un redacted documents and it was shown he was calling and I was cleared of all accusations, but now my children's day c...

    Howard’s Answer

    You may have a basis for a perjury charge, which is a criminal offense, if your husband denied calling DCF while under oath. There may also be a civil action for defamation, but it is unclear given the lack of specificity in the facts. I would contact a criminal or civil attorney for further advice. Good luck.

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  • How do I get reconsider motion when DNA test is negative

    Trying to get a order revised on the behalf of DNA testing

    Howard’s Answer

    You need to provide more facts in order for an attorney to answer your question. Is there an existing order? If so, what is it? Does the DNA test you are referring to regard paternity?

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  • What steps do i need to take to have my 35 year old son evicted

    He resides at my residents and pays nothing toward the household and refuses to abide by the rules.

    Howard’s Answer

    I agree with Atty. Satterwhite. Your son is considered to be a "tenant" and as such, you will need to evict him as you would a non-relative tenant. It is best to seek legal counsel as the eviction procedure can be tricky. Good luck.

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  • Is an ex-wife responsible to help with ex's nursing home care? They have no children

    My brother is in a nursing home due to suicidal tendencies and I feel guilty when I cannot help him. What is his ex-wife's responsibility as far as his care is concerned? We cannot communicate as she hates me. I have a younger brother who does ...

    Howard’s Answer

    Unfortunately, your brother's ex-wife has no responsibility to her former husband. The marriage has been terminated and the two are living separate and apart without any duty or responsibility toward the care or well being of the other.

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  • Court Hearing for speeding ticket!

    Hi, I am an international student and I live in Massachusetts. I got a speeding ticket by a state cop about 4 months ago. I filled for an appeal to the court but I have still not heard from them. The issue is I am moving out of state (Californi...

    Howard’s Answer

    I am sorry you are stuck in this predicament, it certainly is worth a try, most of the time in these large state agencies there is little that can be done, but you never know, best of luck and i hope that things work out, take good care and good luck in CA

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  • My husband don't agree to how much alimony to paid but he cheated. how do i get my alimony if he don't agree with the amount?

    my husband was the one that cheated and wants a divorce but only wants to pay a certain amount in alimony..should i agree with him or should i take him to court? He went through a cheap 125.00 divorce filling automatic system so i cant talk to a...

    Howard’s Answer

    I am sorry that you are going through this, just because he doesn't agree or his lawyer doesn't agree will mean the courts will not award it, his actions during the divorce are important, however alimony is not conditional upon that, in most states it is based upon need and ability to pay, and other factors, take good care and please retain a local attny, it will be well worth it.

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