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Kyle Piro

Kyle Piro’s Answers

41 total


  • Can my landlord keep my last months rent for damages on a Window shade that I had in my apartment for 10 years?

    I never received interest in 10 years on the 450.00 that I put down as my last months rent. What are my chances in Small claims court?

    Kyle’s Answer

    Under the law you are entitled to that interest which needs to be kept in a separate account. The consequence is that the landlord may be liable under 93A for treble damages. I would contact an experienced landlord/tenant attorney to discuss it further.

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  • Can my landlord not provide the receipt for the furniture that she asked me to replace?

    I damaged her futon while i live here, but i couldn't find same one so i just replaced with another one. She was unsatisfied and asked me to replace with same one, otherwise she is going to order similar one from somewhere and paying $460. So i as...

    Kyle’s Answer

    It all likely depends on what your lease says. If there is a provision regarding furniture (common with furnished apartments/houses) then I would examine its provisions. If there is no clause about the matter then you should speak with a landlord/tenant attorney about your liability and remedies.

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  • Can Defendant with no rights to his daughter, who against Judge's advice to give up rights, request visitation or custody?

    10/15/11 Defendant in open court stated he no longer would seek contact with his daughter other than telephone. Judge tried to advise against that, Defendant passively-aggressively refused and walked out of court room. Judgement was entered that "...

    Kyle’s Answer

    The father can file a modification at any time but he must show a "material change in circumstances" to warrant such a change. If he can show the judge that he now deserves visitation with the daughter then the judge may well grant it, though it is his burden to prove.

    On the contempt it is a separate issue. If he has willfully violated the order then he is contempt and the judge can order sanctions, however, you will need to show proof of such willful violations to succeed.

    I would highly recommend speaking with a family law attorney about the issue.

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  • If I died today, can my husband (step dad) request visitation from the children's dad?

    i'm remarried and have husband is asking in case I die. thanks

    Kyle’s Answer

    As the above attorneys said, there isn't necessarily a right under the law at the moment for the stepfather to demand anything. However, he can certainly request such visits informally assuming the biological father allows it.

    If the biological father wishes to relinquish his parenting rights (which is often a complicated process) it might be possible for the step-father to adopt the children in question but such actions would require the court's approval. If you wish to know more about that process it is advisable to consult an experienced family law attorney.

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  • Daughter in counceling should i be notified?

    I have joint legal custody of my daughter. I found out thru a 3rd party my ex has been having a councelor come to the house since my dauughter has been born. Should i be notified of this and be made aware of why she is seeing a councelor? What are...

    Kyle’s Answer

    I agree with the above Attorney that joint legal custody entitles you, at the very least, to information about major decisions in the child's life. Counseling is likely such a decision. Your best bet is to simply call your ex and get the information you need and with that you can proceed from there. Talking to a family law attorney is advisable.

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  • What steps to take after child turns 18 as far as ending support payments?

    I reside in Massachusetts and wondering what steps to stop my payments of child support once my child turns 18?

    Kyle’s Answer

    It is entirely dependant in how the divorce agreement/judgment was worded. In general, 18 is the age of emancipation only if there is no intent to proceed to higher education in which case child support can be extended to 23 or further if the agreement/judgment allows for it.

    If the child is truly emancipated, then one must file a complaint for modification of the child support order which then must be approved by the court.

    It is recommended that you consult with an experienced family law attorney about the matter, however.

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  • Child Support Payment

    I was wondering how much child support payment I should be paying to her, we both have shared legal and physical custody, her being the custodial, I do have him 50% of the time, she pays the daycare at 221 a week and health insurance is 100 dollar...

    Kyle’s Answer

    I agree with the above attorneys that consulting with a family law attorney is your best bet because there seem to be several issues going on. First, child support, unless allowed by the court to deviate which it doesn't seem like here, is governed by the child support guidelines. The guidelines are basically just a plug and play calculator based on the parties financial info.

    One particular issue is that your have true shared physical custody the guidelines are supposed to be run both way and the difference is to be paid rather than the full amount. Again, consulting with an attorney is extremely advisable on this matter.

    www.levinepirolaw.com

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  • Looking for advice in regards to first steps taking the initiative and acquiring physical custody.

    Due to some serious displays of child neglect and complete disregard of my parental instincts. My sons mother has given me no choice but to stand up for my beliefs. I've never agreed with her lifestyle. Her self destructive and carefree attitude...

    Kyle’s Answer

    Since this is technically a RI matter you will likely get a much better response on those forums. If you believe there is a health or safety violation then contact the RI department of family services.

    There are many complicated matters unaddressed in your questions, such as where where you married, is there property, how long has the child been in RI, and more. Consulting with an experienced family law attorney is advisable.

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  • I live in Boston,Mass .I have been in my apt for since 2003, I paid market rent for 4 yrs when I moved in I paid

    1st month and last month of 1950,975 1st and 975 last month. 2006 I went on section 8 now I will be moving will I get my last month deposit of 975 plus interest back

    Kyle’s Answer

    I agree with attorney Kramer on this issue. The Landlord is required under MGL § 15B(2)(a) to maintain your last months rent in an interest bearing account to which you are entitled to said interest.

    However, I'm a little confused from your posting whether you are leaving the lease a month early or are just letting the lease run its course. In either case, if you break the lease or stay through the last month the $975 will be used and considered expended, though you are still entitled to the interest.

    Landlord/tenant matters can often become messy quick so you should consult with an attorney about any issues you are facing.

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  • My wife has filed for divorce, I've been served, and would like to represent myself. State is MA. What do I do?

    My wife has filed for divorce, I've been served, and would like to represent myself. State is MA. What do I do?

    Kyle’s Answer

    Though you are free to represent yourself, it is extremley advisable to retain, or at least consult, with an experianced family law attorney. Family law is often quite complicated and representing yourself could lead to some bad situations.

    However, in general, the first thing you will need to do is answer the complaint. If you do not, you might be considered in default which means the judge will enter an order consistent with the complaint. You will also likely want to file temporary orders, which ask the court to order provisions which will govern the interim period between the filing of the divorce and final judgment/agreement.

    Ultimately, however, cases are all individual and specific so speaking with an attorney is your best course of action. Best of luck.

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