Skip to main content
Nicole C. Armstrong

Nicole Armstrong’s Answers

188 total


  • Can a divorce be contested in another court in the same state.

    Both the husband and the wife no longer live in the area where the judgment on the divorce was found and both live in another area of the state close to each other. Another county in the state of MA.

    Nicole’s Answer

    Your file will always be maintained in the county where the Divorce Judgment issued; however you can file a Motion w/any new Complaint asking for all hearings to be heard in the county that is most convenient. MGL ch. 208 s. 6. All filings will need to be done in the original county.

    See question 
  • Does the non custodial parent have to pay till twenty one even if child is not going to college

    custodial parent filed modification for non custodial parent to pay till twenty one.

    Nicole’s Answer

    Possibly, if the child remains principally dependent upon the custodial parent for support. However the noncustodial parent can seek a deviation/off set of the amount of child support if the child is working and earning income. If the child is neither working nor going to school the noncustodial parent can also seek an offset based upon an attribution of income to the child.

    See question 
  • Is it common to not have to appear to court for a divorce?

    My wife has filed for divorce but when the papers arrived at my house I was not here to get served, upon inspection I noticed that she was filing for divorce, alimony, child support and sole custody. Upon speaking to her today she insisted that I ...

    Nicole’s Answer

    Your appearance is always required unless otherwise excused by a Court per Order. If you fail to show at a hearing a Judge can award your wife whatever she is requesting. Also, Judge's do not take kindly to people simply not showing at a hearing. I would strongly recommend you speak w/an attorney in order to properly prepare a defense to her requests, especially as it relates to your children. There is a legal presumption for shared legal custody in a divorce proceeding so it's important that Temporary Orders are not issued w/o you there to present your case as it is difficult to undo Coir Orders that have been implemented. Please do not simply not show to a hearing. It will not be in your best interest.

    See question 
  • CAN MY EX STOP PAYING COURT ORDERED CHILD SUPPORT BECAUSE MY DAUGHTER LIVES AT SCHOOL AND STAYED WITH HIIM FOR THE 2 MONTHS IN

    My daughter is 20. We split the cost of her tuition. She stayed with him for summer and Christmas break. We only live in the same city so she sees both of us no matter where she sleeps at night. He just stopped paying me.

    Nicole’s Answer

    Assuming you have traditional language in your divorce judgment, likely no, but a review of your judgment would be necessary to confirm. You could file a Complaint for Contempt. If he wishes to stop or reduce child support, he would need to file a Modification w/the court.

    See question 
  • Can a judge use the EXACT same proposed final judgement provided by an attorney as the final order in a divorce case?

    I was pro se and former wife had an attorney at our final hearing. At end, judge asked we both submit proposed final judgements and did not rule on anything. I submitted mine as well her attorney two weeks later. When I received the final judgemen...

    Nicole’s Answer

    Unfortunately, Motions for Reconsideration have been deleted from practice and are no longer an option. You should consult w/an atty and Supplemental Rule 2-99, a copy is available on the Family Court website as well as a simple internet search. There are other similar Motions available to you including a relief from Judgment or Motion for Clarification or Motion to Amend. I would suggest you get a copy of the trial transcript from the court -$50 fee, and have it transcribed by a stenographer. You can then cite exact testimony from the trial to support your objection. 2-99 Motions are very particular so must follow the rule or else your motion can be denied outright. As prior counsel mentioned, these motions are time sensitive so you should move quickly.

    See question 
  • I was told my son cannot call my boyfriend Papa while I go through my divorce

    I'm currently going through a divorce and not able to afford a lawyer. My husband has a lawyer that we are using but I feel I am being taken advantage of. My son and I live with my boyfriend and my husband has agreed to see his son twice a week bu...

    Nicole’s Answer

    There is no law against it, however I would suggest to you that it is highly inappropriate. It is also not uncommon for a Court to prohibit the exposure of a child to a parent's significant other during divorce proceedings if the request is made to the Court. I typically add language in my Separation Agreements that the designations mom and dad or any derivative thereof are reserved exclusively to the parties and no 3rd party. While I understand you trying to make a distinction between daddy and papa, I do believe the Order from the Court is appropriate within the realm of reasonableness.

    See question 
  • How can I avoid divorce trial?

    My husband and I have incurred 60K in legal fees (combined) with no divorce agreement after 12 months and a pre-trial. Case is not complicated: 1 house and 1 rental property. Pace of our attorneys is slow (i.e. meetings canceled, unproductive 4-...

    Nicole’s Answer

    Unfortunately it sounds like you simply may be a victim of the system. If you are unhappy with your attorney you are always free to change attorneys. You cannot, however force your husband or his atty to do settle or compromise. They have a right to a trial. If however you believe they are being grossly unreasonable and not cooperating in good faith, you could file a Motion for Atty's Fees to be heard at the time of trial. If you have a trial in 8 weeks, you cannot expedite any quicker. It is likely the judge doesn't even have a simple motion date available profile to trial. Middlesex judges are very back logged. You may want to consult w/another atty simply as a second opinion.

    See question 
  • Can the child support be modified?

    My boyfriend pays child support for child in New York, his pay has been recently dropped dramatically. We cant finds the ends to meet for our household. We have a child of our own & i'd like to know if there is anyway if can be modified. His court...

    Nicole’s Answer

    I assume the court order originates in NY. If that is the case, your question is better posed on the NY forum. Nevertheless, they likely gave similar laws in that if there has been a change in circumstances then he could petition for a modification of his child support. Your subsequent child is not a change in circumstances as the courts typically believe first in time, first in right. However a loss if employment or reduction in income could be considered a change. I would post your question in the NY forum to gain more particular advice from the relevant jurisdiction.

    See question 
  • How do I get child support arrears ordered to date back to the date I filed with dor?

    I filed with dor in september. My daughters father stopped paying supporr in july. We didn't get a court order until october. How do I get him to pay support for the months he paid nothing.

    Nicole’s Answer

    If there is an existing child support order that he failed to comply with and you filed a Contempt, then you just let the Judge know how much he is in arrears in total and the judge will likely award that amount. If he was paying voluntarily and there is no Court Order, and if you were never married to him, the paternity statute, 209C, allows you to seek retroactive child support to the date if your child's birth. You would need to request this from the Judge at hearing (the Judge would take into consideration support he has paid and if you ever cohabitated). If you were married and there is no child support order, unfortunately the Court does not have the authority to Order retroactive child support, though you may try and request it from the Judge to the date that he was at least served w/the Complaint, though it is unlikely the Judge would grant that.

    See question