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Donald Lloyd Pitman
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Donald Pitman’s Answers

55 total


  • Does a civil contempt need a copy of the order attached for service?

    I have been served with a contempt by my ex-wife. It does not have a copy of the order attached. I was under the impression from the clerk when I filed a contempt in the past that the order that the plaintiff is alleging has been violated needs to...

    Donald’s Answer

    As long as the complaint for contempt lists the date of the order or judgment you are accused of violating and the specific language that you allegedly violated, the actual order doesn't have to be attached. However, it has to be specific and if not written properly, it can be dismissed on that basis.

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  • Filed contempt paperwork against my ex a few months back for non-payment of child support. He is $7,000 behind, and holds a job.

    He was found guilty, and begged me to keep him out of jail, and that he would pay. The judge ordered he pay $400 by the 2nd of October, and $200 a week until the next hearing date (Nov. 3rd). His purge on the court documents to keep him out of jai...

    Donald’s Answer

    in all likelihood, the judge will order him to be incarcerated. Simply show up and let the court do what they are going to do. Good luck!

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  • Can I get a visitation schedule in place if there isn't one in our divorce agreement?

    Divorce agreement was in NY, neither of us live there anymore. Joint legal custody of both children, my ex has physical custody of one child and lives in MA so MA has jurisdiction. I live in IN. He is refusing to allow her to come to Indiana. I'm...

    Donald’s Answer

    You need to file to domesticate the judgment in Massachusetts and then seek a parenting schedule from there. I would definitely contact an attorney to assist you - when we have done this in the past it has required at least two court appearances to set up a temporary order and a judgment, but that depends where your ex-spouse lives.

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  • My child does not want to go on his visitation do i have to make him go

    mother has moved 7 times in the last 3 years has had 8 boyfriends and has been homeless twice. She bounces from place to place for her visitations and he does not have much to do when with her. He has not gone numerous times when she has said fin...

    Donald’s Answer

    You should seek court assistance in this matter to alter the parenting plan. This is a complicated situation and talking to an attorney who practices in your area and in that court regularly will be invaluable to you. Without knowing more, such as the age of the child, how long they will be away and what has happened it would hard to give a generic answer.

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  • Do I have to pay for extra curricular costs when she sends receipts 8 months later?

    I have a child support order from 2009 that was suppose to be dismissed when my ex and I got back together in 2011 but because of the court document only having 1 docket # on it instead of the 2 that we had, she was able to go back to DOR last yea...

    Donald’s Answer

    it is likely that you would not be found in contempt for refusing to pay the expenses (this is based on many factors and depends on who your judge is; I practice in the Essex Probate & Family Court frequently and that would likely be a prevailing opinion). However, I would agree with the prior posting that mentioned if your child received a benefit from these expenses you should consider paying your share of the full eight months unless the amount is onerous. In any event, you would likely have as much time as you need to pay the full eight months back; I would suggest you pay the expenses incurred within 30 days in the 14 day time frame, and keep your receipts.

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  • In Massachusetts, how long is a temporary order legal/good for? How long does it last? The order was made in April 2015

    I'm in MA the order says a lot of stipulations I disagree with now. We go back to court in December 2015

    Donald’s Answer

    The short answer is that I agree with the prior postings. The order remains in effect until there is a subsequent order or a subsequent judgment to modify it. However, if there has been a change of circumstances versus a change of opinion (something has happened instead of you now don't like it), you can ask the Court to revise the order. You should definitely contact an attorney to get an additional opinion on what to do and how to help you modify the order.

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  • High conflict short term parenting course in Ma?

    Looking for a high - conflict short term parenting course in metro Boston area-. 2-4 weeks long?

    Donald’s Answer

    Yes, there is a class, but it isn't short and must be authorized by the Court. The CAFES program is out of West Roxbury and can be of assistance. However, it is 9 weeks long and the Court must order the parties to take the class.

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  • Likelihood of a judge allowing 50/50 physical & legal custody of 14 y/o when the parents live across the street from each other?

    My ex filed for child support (after 7 years of us being split up) and wants sole physical custody but will share legal custody. I want to propose to the judge that my son spend one week here, one week there and split everything 50/50. She has bee...

    Donald’s Answer

    I would absolutely suggest speaking with an attorney. Every judge is different in the Essex Probate & Family Court, but you will need to codify what you are doing and, more importantly, get a process in place to allow you to make modification of what is going on. A Guardian ad Litem may be required to support your argument that your son needs additional time with you or if she is interfering in the relationship.

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  • How much can I say in court to defend myself in a contempt charge?

    The father has not been there for his child such as not helping to buy her needs like crib swing car seat stroller etc. Can I bring things like that up in court because he continues now when he is around his daughter. She is 17 months old doesn't...

    Donald’s Answer

    While you do need more information regarding the contempt you have pending, you should be prepared to argue only what is set forth in the Complaint for Contempt. The judge will not be interested in hearing things he or she considers extraneous and will only weaken your argument. Just bring up what the father was supposed to do and then talk about how he failed to do it. Good luck.

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  • Discovery deadline is August 9, pretrial date August 21. Current lawyer is MIA. Too late to get another lawyer?

    Child support case where agreement says cs ends at 19 unless going to school. Child not going to school and now 20. I need to end this. Yes, I know current law says 21, 23 if in school. Can't take the 1 day, 2 week, 2 month makeup artist classes b...

    Donald’s Answer

    You haven't stated what court your case is in. We'd be happy to assist as well. Please check out our website for additional information.

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