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Amy Beth Baron

Amy Baron’s Answers

26 total

  • Ex turned the house over to the bank before selling, and splitting the money , i'm I entitle to anything???

    she had 5 years to sell the marital home. She took ALL equity out of the home, and then when it came time to sell it, she turned it over the bank, stating she could not afford it anymore. I'm I entitled to any money. the agreement was to sell the ...

    Amy’s Answer

    You should look to your divorce agreement to see what was decided as to the marital home. That is step #1. Then you would need to explore with the help of a divorce attorney what possible actions you have, perhaps a contempt case or contract case depending again on how agreements were reached in the overall divorce agreement. You would need to provide the Attorney with specifics as to how you believe your ex "took All the equity out of the home". The marital home is one of your biggest assets, it is certainly worth investigating this matter and discussing it with the appropriate professional.

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  • Hello, how can I for divorce from my husband of 4yrs, we have a 3yrs old daughter together.

    We've been living apart for more than 3/4 of our marriage and since been having finacial and unfaitful problems.

    Amy’s Answer

    Hello, I suggest you meet with a Divorce Attorney who can hear the particulars of your situation and educate you on the process of divorcing; from filing, disclosure, child and/or spousal support, division of assets, health and life insurance matters etc.... He or she should provide you the necessary information to make smart decisions about your life and the life of your daughter going forward.

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  • Is there anyway I can refuse to give my son back to his mother? She is incapable and neglectful in all aspects.

    He is seven and we have joint legal and physical. When he started kindergarten he was diagnosed with ADHD, ODD, and transitional anxiety. We agreed for stability she could keep him Monday-Friday. That year, my son was suspended numerous times as w...

    Amy’s Answer

    You should not refuse to give your son back to his Mother. It is in everyone's best interest to follow the legal process. You have a legitimate concern in that many of your son's essential needs are not being met. You should meet with a family law attorney who can represent you in this legal matter and seek a "modification" either to the current parenting plan schedule (the time you and your ex-wife spend with you son) or seek a "modification" to change the current custody in relation to either legal or physical custody status. Legal custody refers to the broad strokes, meaning education, health, religious upbringing whereas physical refers to where the child is spending time (with which parent and at what time percentage).
    If a modification was something you and your ex-wife agreed to, recent changes in the court now allow you to handle the modification process administratively - meaning sending by mail to the court all the proper court documents. However, by your email, I imagine she will not be in agreement and you will need to proceed by going to the court for a hearing etc.... Either way, a family law attorney will be able to help you and your son. As you son's advocate, I urge you to seek the professional assistance you require for your son's sake.

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  • Rule 410 : If short term marriage is all of this still required and between what dates?

    My marriage was a short term one (less than 18 months) & I had a prenup. My husband entered the marriage with nothing & went back to live with his parents where he was living up until we returned from our honeymoon so he is back in the exact same ...

    Amy’s Answer

    Rule 410 does still apply despite your short term marriage, unless a request to limit discovery is granted by the court. I cannot speak for certain as to the 25k vs. previous 20k in your bank account without reading your pre-nuptial agreement. As far as dividing assets, the court takes into consideration 18 factors, one being the length of the marriage. Assets are not necessarily divided 50:50 as Massachusetts is an equitable division state with its basis things being fair and equitable.

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  • I was awarded my home in a temporary order in my divorce. can I use temp order or do I need a quitclaim

    motrtgage company willing to work with me but I need title in my name only time is of the essence to save my home as he did not pay for 6mnths. can temp order be used?

    Amy’s Answer

    Without reading the temporary orders that were issued, I cannot comment with certainty. What I can tell you is that with respect to a marital home, temporary orders typically address who may continue to have temporary use and occupancy of the home. If this is the status of your situation, you may not refinance the mortgage, the orders are limited to use and occupancy; and not related to a refinance or conveyance. You should speak to a Divorce Attorney for further information.

    http://www.baronlawmediation.com

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  • My husband filed for divorce/ moved in with his gf and her 3 kids. He's spending 1000's on them weekly. Do I have any recourse?

    They go out to dinner every night and he takes hers away three out of four weekends a month. He's crying poor mouth but his money is going to her and I'm not happy to have to pay taxes on his income he's spending on his new family.

    Amy’s Answer

    I appreciate your frustration. As your husband has filed for divorce already, he may be held to be in violation of the automatic financial restraining order as his spending may be considered dissipation of the marital assets. I recommend speaking with an Attorney who could discuss with you the benefit of filing for temporary orders with the court which would address the continued spending habits, lay out who is to be responsible for what expenses and also what child support and possible alimony should be being paid pending the resolution of your divorce among many other things. Good luck.

    http://www.baronlawmediation.com

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  • Can my son father come after me for visitation/custody even if he is on the birth certificate?

    I want to get full custody of my son without his child support from him. He never there for my pregnancy or never there for my son (supporting and caring). Suddenly he filed visitation and custody.

    Amy’s Answer

    In order for a person to assert rights for visitation, custody and be responsible for child support payments, health insurance etc.... the person needs to be legally recognized by the Court as a parent to the child. This is done through signing a birth certificate under oath or going to the Probate Court to establish paternity. It is not clear from the facts in your question whether this has been accomplished. If it has been accomplished, then the father will have all rights of visitation, custody and obligations of child support as any other father would have.

    You may have an argument that the father would not be a fit parent and if so, you can argue for sole custody of the child. Most fathers are entitled to visitation of their children unless it can be shown they are not a fit parent or the child may be put in danger.

    You would be able to discuss all these issues at the hearing for establishment of paternity.

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  • Probate assets

    When can the Executor use the money in a probate account to settle debts the deceased incurred.

    Amy’s Answer

    To answer your question, one of the many duties of an Executor is to consider, and if valid, pay legal valid claims against the decedent. As Executor, it is you duty to consider and determine whether these claims and/or bills are valid and have been timely demanded of the Estate. In addition, as Executor, you should be paying those expenses necessary to maintain the assets of the Decedent.

    Before these payments can be made, you need to be duly appointed by the Probate Court as the Executor. Normally, the assets of the Decedent will be moved into an Estate Account that you establish and have access to. This allows for a paper trail to follow your actions to the account.

    Until you have been legally appointed as the Executor and an Estate account established, it would not be recommended that those payments be made.

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  • Can a child become a dependent again once they've been emancipated according to the terms of the divorce decree?

    My ex-husband was required to pay child support as long as our children were in school (including college) until the age of 24. Neither of our children went on to college once they graduated high school, so child support was terminated when the y...

    Amy’s Answer

    • Selected as best answer

    Unless your separation agreement specifically prevents an emancipated child from becoming unemancipated prior to the ages of 21 if not going to school and 23 if going to school, then you have an argument to be made to the court that child support shall resume.

    If you write a letter to your husband and he does not respond, you may need to file a complaint for contempt and/or complaint for modification. Speaking to a family law attorney would be a benefit to you in order to review your separation agreement and compare that to current state statutes on the topic.

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  • Hi i been married for a year and separted for about 10 months now..wat should i do?

    my wife wants nothing to do wit me at all..she made a new family but yet she is not tryen to get a divorce..wat should i do ?

    Amy’s Answer

    I'm sorry you are in this unfortunate situation. You do however have choices on how you proceed. First, you may attempt to discuss with you wife her willingness to particpate in divorce mediation - a process where a Mediator "a trained neutral" will assist the two of you in communicating so that you can reach an agreement on all the necessary issues needed to be addressed to get divorced. Mediation is substantially less costly and quicker than taking your matter to court. If however, Mediation will not work in your situation, you can seek legal assistance through the court or by attaining your own Attorney to represent you. This can be done via full representation or on a limited assistance representation (LAR) basis in which you and your attorney set parameters for what the attorney will and will not do as your divorce process proceeds. LAR is essentially representation piecemeal. It is less costly than full representation but it is not for everyone. Full representation can cost you between $10,000 to $20,000 depending on the complexities of your situation. Given this is a short term marriage and you did not mention children, it will likely be on the less expensive side. I wish you luck.

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