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Christine G. DeBernardis's Answers
Contributor Level 12
- 211 Legal Answers
- 2 Legal Guides
4
Attorney answers:
Will I need to pay child support in an uncontested divorce?
You may. As previous poster mentioned, uncontested simply means that you agree on the way that each issue is resolved. You must have everything agreed in and in writing to file this way. Is that the case for you? If there is truly a shared physical custody, and you each pay for all of the child's expenses, the only reason that support would be paid is for a large disparity of income between you and the child's mother. Since you make less, you actually may be the one entitled to some...
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2
Attorney answers:
Motion for Contempt advice
You may not realize that you can contact the bar association for a referral to a low or no cost attorney, dependant on your income. That is an avenue for you to pursue ifyou do not have adequate income (by their standards) to hire counsel. Also, you may not realize that you can consult with an attorney for "unbundled services" in order to have a detailed consultation. In NH, putting it simply, you can hire an attorney for "portions" of the case. You need not hire an attorney to perform...
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Attorney answers:
DOR is taking too long - can I get my own attorney,
Of course you can! You are always free to hire counsel if you desire. DOR will remain connected to the case, but your private attorney will work to move the case forward more quickly and represent your position in the matter. It's always a good idea to have counsel in such a matter if you are financially able. As a result of the volume of cases, DOR is often unable to work quickly and has neither the time nor the ability to ensure that all of your concerns are addressed. Christine...
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3
Attorney answers:
Do I need to file for dismissal or respons to the complaint of Divorce
While you may not be subject to the jurisdication of the Commonwealth (because of the residency requirement), you may choose to assent (agree) to it for this matter if ultimately, it would benefit you. It truly depends on your future goals with repsect to the divorce and the custody and support for your children. It also matters if there are orders relative to child support and custody in another state. Discuss your case with an attorney to evaluate the best method in this case. An...
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4
Attorney answers:
If a person is charged with four counts of larceny and forgery on each check is there possible jail time
For each charge there is potential jail time. Whether or not the person receives it is to be determined by the Court. That said you are more likely to get your money back, as the victim, if there is probation because that will allow them the ability to work and pay the court money. Speak to the victim witness advocate at the DA's office.
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3
Attorney answers:
My wife recently purchased a house soley in her name. We are now going to file for divorce, am I entitled to anything?
Anything acquired during the marriage is marital property and thus, subject to division. A secondary question here would be where she obtained the deposit for the sale, etc. You may be entitled to a portion of this asset or a larger portion of another asset (as an offset of this asset). It all depends on the rest of the marital property and how that will be divided. Christine DeBernardis, Esq. (978) 777-5393
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Attorney answers:
Can child support be re-instated after child has turned 18, dropped out of high school, and works full-time?
This depends on the language contained in the Order. Typically, the support order will terminate upon emancipation, which is defined by statute (and usually also within the agreement). It also depends on how much time the child is spending at the custodial parent's home, for how long the child has been out of school and working and the path that he or she will take in school. It is best to consult with counsel so that the order may be reviewed and you can get specific advice for your case.
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4
Attorney answers:
Exhusband has copies of a impounded GAL report which he has showed to police and offered to send these copies to other people.
Do you have a question? This doesn't appear to ask for any information.
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2
Attorney answers:
I was divorced in MN, I now live in MA, my ex-husband lives in Michigan, does MN law govern my permanent spousal maintenance
It's likely that MN has jurisdiction over your matter. Have you checked your divorce/separation agreement to see if there is a statement in there about jurisdiction? Typically the agreement will state where jurisdicition lies for future matters. Absent a declaration as to future jurisdiction in the agreement, you would look to the circumstances of the parties to determine jurisdiction. If you ex lives in MN and works in MN there would be no personal jurisdiction here in MA for this matter....
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3
Attorney answers:
Can my ex-wife move out of state with our son?
She must seek your agreement and/or the approval of the court (dependant on the language of your divorce agreement). She cannot simply leave the state. If you are against the move, you can also take steps to prevent her from leaving. Christine G. DeBernardis, Esq. (603) 373-0545
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