Skip to main content
Philip W. Mason
Avvo
Pro

Philip Mason’s Answers

1,880 total


  • I am 18 years old my dad has custody of me but I want my grandparents to have I live with my grandparents don't see my dad

    My dad has custody of me but doesn't support me and I live with my grandparents I don't see my dad how can I change my guardianship to them

    Philip’s Answer

    In 18 years of age you you are an adult and can live anywhere you like. Guardianship of a minor does not apply to your case

    See question 
  • Contempt ?

    I have a court order to see my kids twice a week. I havnt been able to talk or see my kids in weeks. My ex will not answer the phone . I'm concerned. I tried talking with probation. And they tell me its retaliation.. Do I have a contempt? And if ...

    Philip’s Answer

    File for civil contempt right away. If your wife is found to: 1) have a clear order of the court to follow a parenting, and 2) she clearly refuses to follow the plan, then she will be found in contempt There are a variety of sanctions the court could impose, including: an award of attorney fees to you for having to prosecute the matter, a change in the parenting plan and even the custody award, and (if egregious) incarceration for up to 30 days.

    See question 
  • Unwed parents and 50/50 custody that I am not able to do, will i be forced to do it?

    Hello, my ex girlfriend is about 4 months pregnant and we live in different states. She lives in Boston and I live in New York. I am willing to be financially supportive with the child and agreed to make the child a part of my life when I can beca...

    Philip’s Answer

    It is very unlikely that the court would order you to have more parenting time then you are able, willing and/or caplable of providing. It would simply not be in the child's best interest, which the stardard of review in child custody cases. Failure to share close to one third of the parenting time, however, could result in a somewhat higher child support order.

    See question 
  • If a law firm seeks to terminate a client, what are the requisite steps that they must take?

    A law firm has informed me that they wish to terminate representing me. Unfortunately, I need to keep the firm. All that I received was a flimsy excuse by an intern over a matter that she admits was an honest, isolated, and easily remedied m...

    Philip’s Answer

    If the firm has filed an appearance on your behalf with the court and the action is pending, they have to file a motion to withdraw. Usually, the basis for the withdrawal is financial burden (client has not paid), or communications between client and firm have broken down to the extent that further repreentation is impossible (client and firm disagree on how to prosecute action). You can file an opposition to the motion and argue the allegations of the firm, but your strongest arguement would be that withdrawl at this time would harm your position (cost of need attorney learning case, insufficien time to retain new attorney for scheduled events).

    See question 
  • Can i move my son out of state?

    I live in MA. His father lives in NH. I am homeless, with our son and my older child (not his) i have a place to stay in VA, and the oldests fathers permission. Youngests father is not on the birth certificate, and there is no court of any kind. S...

    Philip’s Answer

    If you leave the state without permission of the Father or the Court, you will be susceptible to a paternity/custody action in Massachusetts by the Father until the child establishes residency in the new host state (usually six moths). If that happens you can expect the action will be contentious and it will expose you to significant custodial liability. Where you know the Father of the child it would be to your advantage to obtain his consent in writing. If he refuses then petition the court for leave to remove the child from the state. You may want to remind the father that if you go to for leave it is likely the court will order child support at the same time.

    See question 
  • Does secondary income get included into child support calculation

    I and the non-custodial parent. i have a 40 hour a week full time job that pays very well. I also have 2 other side jobs. do these side part time jobs get included in the support calculation? i have heard that if you do a second or third job t...

    Philip’s Answer

    If the secondatry jobs were held prior to the child supoort action and the family traditionallly relied on that income, there is substantial discretion on the part of the judge to include the income in the calculation. If the jobs were taken after the intial award, it is unllikely to be included. See Part I, sections A, B & C at of the Guidlines at http://www.mass.gov/courts/docs/child-support/2013-child-support-guidelines.pdf

    See question 
  • What should i anticipate for lawyer fee to file QDRO

    Ex to receive 50% of 17 years of 25 year total pension. Have all documents needed

    Philip’s Answer

    Typically $400 -$800, but it is dificult to say without reviewing the requirments of the truat fund. If the fund provides a model it can be fairly inexpensive, but if the fund requires the attorney to write his own QDRO the price can go up sharply. Additioanall, many attorneys prefer not to do QDRO's because liability concerns and and procedural issues. Your best bet is to contact several attorneys through avvo's find a lawyer tab and request quotes.

    See question 
  • I live in Massachusetts, and I have a friend who is 22 ( male) and is dating a 16 (female) year old, is that illegal?

    They both say that they don't have any sexual contact, she says that he buys her cloths, and takes her out to dinner and movies, what is the law on that type of relationship?

    Philip’s Answer

    There is nothing illegal about this relationship - even if they were having sexual relations (the age of sexual consent in Massachusetts is 16).

    See question 
  • Do parenting plans in MA apply to children once they turn 18 years old?

    In other words, is an 18-year-old free to choose how much time she spends at one parent's house vs. the other's?

    Philip’s Answer

    At 18 the child may choose to live with either parent or neither parent. If the adult child remains principally dependent on one parent and/or attends post secondary education, then child support orders and educational expense provisions remain applicable and may even be ordered after the become 18.

    See question 
  • My 15 year old son would like to live with my ex husband. iIf my ex wants him to live there can my ex file for custody mod?

    What are the chances that he would be successful?

    Philip’s Answer

    The Father may file for modification based on the desires expressed by your son, but that does not mean that he will be successful. The court will only take your son's wishes as adisory and not conclusive. The statdard for mdifcation remains "the best interest of the child" and takes into account many facors beyond the child's preference.

    See question