Donald Lloyd Pitman’s Answers

Donald Lloyd Pitman

Newburyport Family Law Attorney.

Contributor Level 9
  1. Legal separation or Divorce

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Donald Lloyd Pitman
    3. David Scott Carron
    4. Henry Lebensbaum
    5. Hindell S Grossman
    5 lawyer answers

    The term "legal separation" has no court-enforceable meaning in Massachusetts. You could file for a "Complaint for Separate Support", which allows for the basic terms of a divorce but you remain married to your spouse. Many parties do this if there are religious reasons for not going through a divorce as one example. A divorce will completely sever the relationship between you and your ex-spouse, and will allow for the allocation of your assets, etc. While there is no way to predict what...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Does chapter 208 section 30 of the Massachusetts General Law apply to cases of permanent removal only or vacations as well?

    Answered almost 2 years ago.

    1. Donald Lloyd Pitman
    2. Rackham Karlsson
    3. Ronald Neil Whitney
    4. Henry Lebensbaum
    4 lawyer answers

    Generally, chapater 208 s. 30 does NOT apply to vacations and, in fact, most agreements specifically authorize allowing people to go on vacations with their chidlren so long as an itinerary is given and the non-traveling parent has a way to contact the children. You should advise her of this in writing presuming that language is in your agreement and, if not, you should contact an attorney to get some assistance because you may need to go to court quickly for permission.

    Selected as best answer

  3. How much of my joint asset money can I spend on an attorney and on personal expenses

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Diana I. Sorrentini-Velez
    3. Henry Lebensbaum
    4. Christopher W. Vaughn-Martel
    5. Donald Lloyd Pitman
    5 lawyer answers

    I would agree with the other answers you have received, but you can also ask the Court for a pretrial advance distribution of the assets in your estate if you have enough of them. Generally, a Court will allow you to do this if the other side has spent money without permission (before the divorce) or if you will need money for attorney's fees or experts. However, you should definitely consult with an attorney before taking these steps.

    8 lawyers agreed with this answer

  4. Is it possible to quash a motion to compel sale of a house in Massachusetts Family & Probate Court?

    Answered over 1 year ago.

    1. Donald Lloyd Pitman
    2. Thomas J Callahan
    3. Stephen Daniel Karpf
    4. Lloyd David Godson
    5. Henry Lebensbaum
    6. ···
    6 lawyer answers

    This is a question that is very fact and judge dependent. The judge has the authority to preserve the marital assets so if you are not paying the mortgage on your home and are facing foreclosure, you could be required to sell the house. However, many judges take the position that the marital home should not be sold on the basis of a motion unless there is a danger to the house being lost in foreclosure or there is a risk of damage to the marital estate. You should definitely hire an attorney...

    7 lawyers agreed with this answer

  5. Piano/family law question

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Donald Lloyd Pitman
    3. Henry Lebensbaum
    3 lawyer answers

    I completely agree with Attorney Lewis' answer. You should bring any documentation you have regarding the value of the piano and how you obtained it. Also, the length of your marriage may help you finally prove ownership in the end. You may want to consult with an attorney to assist you through the mediation process.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. All possible ways to divide equity of house with exgirlfriend. She will not negotiate.

    Answered over 1 year ago.

    1. Donald Lloyd Pitman
    2. Catherine Taylor
    3. Stephen Daniel Karpf
    4. Joshua N Robbins
    5. Robert Winford Carpenter
    6. ···
    6 lawyer answers

    Presuming that you filed a paternity complaint (or a complaint for custody/support/visitation) in the Probate & Family Court, the Court does not have jurisdiction to deal with the division of property under the paternity statutes. Had you been married, the Court would have the authority to deal with the division of your assets, but in a paternity case, there is no statutory authority to do so. You will need to file a Petition to Partition. This can be done either in the Land Court or in the...

    6 lawyers agreed with this answer

  7. (Mass.) Ex-spouse claims that he never receives the checks I've made through online bank payments to split child-caring costs.

    Answered almost 3 years ago.

    1. Donald Lloyd Pitman
    2. Richard A. Martone
    3. Eric Schutzbank
    3 lawyer answers

    Realistically, you should be able to produce the copies of the screen shots to make sure that the payments have been received. The DOR system will not allow you to make voluntary payments for child related expenses as you are suggesting. Therefore, a screen shot showing the money was sent via electronic transfer to his account may be the best you can get. Be sure to bring everything with you to your contempt hearing and be sure all of the numbers match up.

    Selected as best answer

  8. My ex wants me to give up legal rights to our son. I agreed but she still wants child support. Is there anything i can do?

    Answered over 2 years ago.

    1. Karla Mansur
    2. Anthony Rao
    3. Donald Lloyd Pitman
    4. Virginia Giselle Alvarez
    5. Michael T. Cupoli III
    6. ···
    6 lawyer answers

    Yes, you do still have to pay child support. The only way to avoid paying child support at all is to surrender your parental rights, which has wide ranging effects. If you have surrendered your legal custody rights, you still have an obligation to support your child. You should definitely contact an attorney to assist you in this matter.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can my ex-wife put restrictions on when I move in with a woman in my divorce papers?

    Answered over 1 year ago.

    1. Karla Mansur
    2. Donald Lloyd Pitman
    3. Anthony Rao
    4. Henry Lebensbaum
    5. Elliot S Coren
    6. ···
    8 lawyer answers

    I would agree completely with the prior response. Unless there is some danger to your child, a court will not likely put any restrictions on who you are with or any contact between your child and any new partner. Although this is fact specific, I would strongly suggest pushing back on this and see what happens; there is nothing to be gained by giving in at this point. You may want to consider a limitation for overnight visits for a short period; however, this is very fact specific. I would...

    4 lawyers agreed with this answer

  10. Re: child support: what qualifies as a material change in circumstance for there to be an amendment in a support order?

    Answered over 1 year ago.

    1. Donald Lloyd Pitman
    2. Julie Court Molloy
    3. Thomas J Callahan
    4. Steven Kelsey Hemingway
    4 lawyer answers

    The law in Massachusetts changed on this in March so that any change - no matter how small - is sufficient to trigger a change in child support if the amount of child support would change. Bonus money should count but only if, as, and when it is received. You should definitely contact an attorney to explain your rights to you.

    4 lawyers agreed with this answer

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