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Teresa M. Harkins La Vita

Teresa La Vita’s Answers

136 total


  • Signed the deed over in a divorce the mortgage is in my name only. if foreclosed will it show in my credit

    I know this is an unusual situation. the deed is in my ex's name the mortgage is in my name only. My ex is responsible for for the house. She has been 30 days late on the payments for 6 months which is effecting my credit. I filed for chapter 7. I...

    Teresa’s Answer

    In short, yes. However you may have a contempt remedy if her payments were ordered by the Court (or part of an agreement made into a Court order) and she has not paid.

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  • I was wondering if I am able to terminate my daughter's biological father's parental rights in Massachusetts?

    My daughter is 5 years old & her father has not be involved since her 3rd birthday. Right after we moved out of her birth state & after getting jurisdiction in Massachusetts I filed for custody & support. We have an order in place & he pays child ...

    Teresa’s Answer

    You may be able to modify the parenting plan based on him not seeing your daughter. However if he is paying support (even late) and does not interfere in your daughter's life, then you may not want to rock the boat. You should see an attorney to discuss your options.

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  • I am in the process of a divorce,during the process my mother passed away. do i have to split any inheritance? meaning house?

    I was left with her home.I'm going to sell it. Do I have to split the money I receive from the sale of the home?

    Teresa’s Answer

    Sorry for your loss. Unfortunately, there is no definitive answer. It could be used as a negotiation tool depending on other facts of your case. You should see a lawyer to go over the divorce statute and various options. Also make sure you disclose the matter on your Financial Statement.

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  • Do I need to print my financial statement for my divorce in pink paper?

    I downloaded the form from online. I am wondering if I need to print it in pink paper? Thank you!

    Teresa’s Answer

    Yes, pink paper. To further protect your identity do not list your social security number.

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  • Why Should I have to pay the filing fee and for the divorce attny

    on my post trial actions when none of it was my fault?

    Teresa’s Answer

    If you are filing a contempt and the other party is found in contempt, the judge can order the other party to pay your attorney's fees. The judges have a lot of discretion about payment of attorney's fees, and not all of them will do it, but it's worth a try. Your attorney can go over this with you.

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  • If I file for a divorce, who pays the filing fee?

    How much is the filing fee in Ma, is it 215 or 220, i am confused

    Teresa’s Answer

    If you file, you pay. Call the divorce department clerk to see what forms of payment they accept. Few or none will accept a personal check, so you will need a bank check, money order, or in most courts you can pay with a debit or credit card in-person at the court. Good luck!

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  • Child support

    my husband abandoned me in march 2011, ater i was searching for i found his address in september, i was getting cash assistance, at that time until now i am getting cash assistance and food stamp, my question is that in november we had court date ...

    Teresa’s Answer

    If you are talking about child support, then he will pay the DOR and the DOR will pay you. If by "refund" you mean a tax return refund, the DOR can intercept these and apply them to child support arrears. You should contact the DOR to ask about the arrears, the refund, and maybe a contempt action. Good luck!

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  • I need help finding a place to live and a job so I can get divorced

    I cant find a job, I go to school full time, we have no children together, and the only thing in both our names is my car

    Teresa’s Answer

    If you are trying to find a job to have money to pay a lawyer, keep trying, but in the meantime contact the Mass. Bar Association Lawyer Referral Service for the number of a local reduced-fee attorney. You can also go to the Probate and Family Court, get the forms, and speak to the Lawyer for the Day. Good luck!

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  • I divorced my ex-husband may22,2005,he was supposed to pay me alimony,ive yet to recieve a dime.

    after a 20 yr.marraige i finally divorced my abusive husband,he didnt abide by any of the stipulations in the divorce agreement and was court order to do,causing me extreme mental and financial devastation and hurting my 2 sons,its taken me years...

    Teresa’s Answer

    When a party has breached a clear and unequivocal court order - such as a Judgment of Divorce - the other party can file a Complaint for Contempt. There are some defenses that he may have, which you will need to discuss with an attorney. You may also be able to seek attorney's fees. Good luck!

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  • Can you break a rental lease if you are a victim of domestic violence?

    after signing a lease you cannot afford the rent can you break your lease? You move into the first place you find because of domestic violence and then you have no money for the rent. Can you get out of it without being evicted and having to pa...

    Teresa’s Answer

    Tenants have a lot of rights, but if you aren't paying the rent expect your landlord to begin the eviction process. You should see an attorney who practices landlord/tenant law. You can call a local bar association or the Mass. Bar Association for a referral to a reduced-fee attorney.

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