Marta Philpott Chadwick's Answers

What if my spouse changes mind or doesn't show up at trial on agreed upon contested divorce?

If your spouse retains an attorney, that attorney should notify you prior to the court hearing. My question is how you filed the divorce, was it a joint petition, (also called a 1A divorce)? If it was, then you both need to be at the hearing for the divorce to enter that day. If your spouse does not show up, then the court cannot enter the divorce (if a joint petition) and you would probably have to refile under what is called a 1B. If you have a court date and have filed everything, and have...

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I have had sole custody of my children for 4 yrs. in that time, the mother now wants sole custody, can she get that?

Do you have a current order giving you custody of the children? Where did she file for custody? If the children have been living with you in the state of Massachusetts, then that would be the proper place for any litigation to take place. I would suggest meeting with an attorney as soon as possible to review the paperwork that has been filed so that you may properly respond. You want to make sure that the case is litigated in the right state. As to her getting sole custody, if the case is heard...

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Am I entitled to half of our marriage assets?

You may be. Massachusetts is an equitable division state, not equal division. This means that the split is not automatically 50/50. Factors such as length of the marriage, contribution to the marital assets, and any children will come into play. You will likely need to consult with an attorney to determine all of your rights in this situation. Best of luck.

How can a court tell you they are not going to terminate you child support order, at your request??

Things to consider also include whether or not the custodial parent is on state aid. If that is the case, the DOR will collect the money to reimburse them for payments made to the custodial parent. As a matter of public policy, courts believe that both parents have an obligation to support their children, thus if the parents are not living together, the non-custodial parent will have to continue to make some monetary contribution to the care and well-being of the child.

MA restraining order with attached custody

If NC is refusing to enforce the order, then you may want to go to the probate court and file an emergency order for custody. Explain the entire situation and bring all documents relating to the 209A order you got from the district court. If you decide to hire an attorney, they may be able to help you enforce the 209A order in NC. Good luck.

Do you recommend the use of an Attorney for a Contempt Motion in Mass.when there is a Separation Agreement in place?

I agree with Attorney Foley, it depends on the issue. If it is a child support issue and the DOR is part of the case, they may be able to assist you. If it is a contempt on another part of the agreement, you may need counsel to help you. At a minimum, you would probably want to consult an attorney to discuss the issue. Best of luck to you.

Will i get reimbersed the extra money i paid into child support?

Typically you can only get the order changed from the date of filing. Therefore, in this case, even though you paid above the guidelines while out of work, you will not likely get any credit or reimbursement for that time. Additionally, going forward now,since you are back at work may work against you since new guidelines went into effect January 1, 2009 which could drastically increase your order, depending on the facts of your case. If you did not hire an attorney to help you with this...

How do we get Guardianship signed over to my sister?

First, is there legal paperwork making your mother the permanent guardian to the children? Did this happen in Probate and Family Court, or was it something that DSS got involved with? These are important facts because it will determine what remedies are available. If you want to petition the court for guardianship from your mother, then you need to know what her legal basis for custody is. You can go to the probate court in your jurisdiction to petition for temproary guardianship. My suggestion...

What are the gun possession/ oper/ purch rights for someone under a 1 year restraining order for domestic assault in NY/ NJ/ PA?

Below you will find the information regarding possession of a gun while under a restraining order and if someone has been convicted of misdemeanor DV charges. Essentially, the person should NOT legally have a gun. I would suggest that you speak to an advocate/attorney experienced in DV to assess the risk this man poses to potential victims. Possession of Firearm While Subject to Order of Protection, 18 U.S.C. §...

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I want to get a divorce and my husband not. I don't have the financial strenght to do it. He threatens to keep our daughter.

It sounds like you could really use some support. Do you have any family or friends you can talk to? You absolutely have rights to certain things as a result of the marriage. It sounds like your husband and his brother are trying to control you by making you think you have no options but to stay in the marriage. You have options and rights, and should speak to a professional about those options. As far as custody of your daughter goes, the court looks at what is in the best interest of the...