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James Thomas Kinder

James Kinder’s Answers

452 total


  • If a divorce didnt include child support, and the father wasnt notified of any amendment, is he still liable for the money?

    After she took the child, disappeared and would not allow anyone in the family visitation or contact with the child, she filed for divorce and then 5 or 6 years later, allegedly filed for child support. No one contacted the father. He never receiv...

    James’s Answer

    Do not waste any time in contacting a local attorney. There are a host of issues arising from this fact patter. However, the first issue you must address is your obligation to support your child and whether you are excused n any way -- then you may address the questions any procedural issues such as "Notice". I'm certain there are way to many facts and a lot of information that need to be inspected and digested by an experienced attorney before you could be adequately advised concerning your particular set of circumstances. Again, if he is intent on returning to the US, and concerned that he may face judicial proceedings or restraints on his liberty upon arrival, he needs to speak with an experienced Divorce/Child Support Attorney prior to doing so. I hope this response helped in some way. Best of luck.

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  • Divorce law in MA

    I have been separated from my wife and saving money for a divorce but she has been racking up debt left and right and I am concerned that I will be responsible for it even though we haven't lived together in a year. Is there legal grounds for her ...

    James’s Answer

    Whether or not the debt your wife has been accumulating since your departure is to be construed as marital debt or not is dependent on to many variables to set forth in this forum. However, the nature of that debt would certainly be one of those variables. For example: has she paid for vacations for which the marital union derived no benefit? Or, has she been using credit cards to preserve the marital home in your absence? These two scenarios have potentially very different results. I suggest you sit down and consult with a local attorney. You can use the Find a Lawyer option here in AVVO to find an attorney near you. I hope this answer was helpful. I wish you the best of luck.

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  • Can the government take my grandmother's house from my dad because she collected federal benefits?

    My dad is on the deed of my grandmother's property, and she is both mentally ill and poor in health. He has POA over her, but she has no will other than a living will (DNR). My grandmother collects Social Security and Medicare, so does the federal...

    James’s Answer

    This answer depends on so many variables: i.e what benefits exactly, has she been receiving? When was the transfer made to your father? what type of ownership interest did he take? etc.

    I recommend you speak with an Elder Law/ Medicaid Estate Planning Attorney. You can use the "Find a Lawyer Option here on AVVO to find an attorney in your area. Many offer free consultations. However, I would note hesitate any longer in doing so. There may be options available to your Grandmother and Father. However, there are very strict time limits on many of these options. I hope this response helped in some way. I wish you the best of luck. I have also re-classified your question to estate planning, which may get you better exposure for more accurate and informational responses.

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  • Can a divorced spouse maintain a mortgage in the other spouse's name and have legal protection for their payments?

    In a divorce situation where the home's mortgage is in the wife's name, the husband has made all loan payments, including the down payment, the wife leaves the home, the husband remains in the home, and the wife is willing to allow the husband to ...

    James’s Answer

    You will need to sit down with an experienced Divorce attorney in your area. There are many issues that arise just from the minimal information you have provided. The short answer is "yes" the wife can remain obligated on the mortgage if she agrees to do so. As for protecting investments, it is unclear exactly what you are trying to protected these investments from: are you trying to protect these assets from your obligations on the mortgage? If that is your plan, have these investments been fully disclosed to your wife? etc. You can use the "Find A Lawyer" option here on AVVO to find a local Divorce Attorney. May offer free consultations. It may be even wise now to spend a few dollars to ensure you don't run afoul of any obligations and/or terms of the Separation Agreement down the line. Cleaning up a Divorce Agreement or defending against Contempt Actions due to breaches of these Agreements can often be a very difficult and very expensive proposition. I hope this answer helped in some way. I wish you the best of luck.

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  • How to prepare for court

    I filed a motion for temporary support. How do I best prepare? Filed for divorce, no date yet. My income is 1/4 of his due to layoffs and lower paying jobs. I'm asking for support to help supplement. We have 2 kids, joint custody (I have physical)...

    James’s Answer

    My colleague is correct: the financial statement is the most important document you can fill out at this stage. It will set forth your income, liabilities, and assets. The judge will then be able to make the determination as to the temporary amount of child support to be paid, as well as what, if any, temporary alimony should be paid. It is important for you to include any extraordinary expenses incurred ( such as the children's education expenses, ongoing medical expenses, etc). The clearer the picture you present to the judge, the more accurate and sufficient the temporary award amount will be. I hope this answer helped in some way. I wish you the best of luck.

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  • Is there a cooling off period when puchasing a car

    I did not take possecion, and i called wishing to cancel in less than 12 hrs.

    James’s Answer

    As my colleagues stated, the short answer is "No". Once you signed the Agreement to purchase the car, you did just that, you agreed to purchase the car. You may have other, legal, means of escaping the contract. However, you would need to speak with an experienced Contracts attorney to make that determination. I would suggest you speak with a local attorney if you think you may have a reason why you should not be bound by the contract.

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  • 15 years ago,With no lawyers wrote"1000 dollars for 2 kids" in divorce decree , our intent was 500 per.. kids 2 years apart,

    my ex waited 15 years ,when both kids were in the rears. Fighting all,of this $175,000 a piece at a time, This piece above, when my son turned 18 , without going to court, instead of a 1000 , I gave . $500.'for the next 2 years for my daughte...

    James’s Answer

    You can use the "Find a Lawyer" option here on AVVO to look for an attorney in your area who may be able to help you. However, you should do so as soon as possible. The attorney should be able to assist you with the interpretation of the Agreement in accordance with your circumstances at the time to aid in determining the intent of the parties at that time. I can completely see both interpretations. Please do not wait. Many attorney's may offer free consultations. I hope this answer assisted you in some way. I wish you the best of luck.

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  • If a stay is placed, can the defendant file motions, without also filing their own complaint, and still keep temp alimony?

    My husband filed for divorce. A stay was placed on the divorce pending certain documents. I have filed the necessary documents as well as my own motions, however my husband no longer wants to proceed with the divorce, (so as to prevent me from fil...

    James’s Answer

    My colleague has provided you with some very sound guidance. If you have filed your Answer and Counterclaims to your Husband's Complaint, the likelihood of the matter being dismissed without your consent is slim to none. I would add, however, that even if your husband does not pursue the Divorce, and the matter is dismissed (for some unknown reason given the amount of information provided) that would not prohibit you from filing your own Complaint for Divorce and then also filing a Motion for Temporary Orders. I hope this response helped you in some way. I wish you the best of luck.

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  • My mom is trying to move to NC and leave my dad here. She wants to sell the house and she saw a lawyer and they told her divorce

    she is not nice. I'm trying to buy the house with my dad. She has the papers to sign but I'm going to make him wait til I get help

    James’s Answer

    My colleague is correct: you may be wise to retain counsel to push this matter along. Divorce may not be the most pressing concern at the moment -- although that may come into play depending on how amicable/or not the parties can be. I would not advise trying to do this on your own. The Divorce Laws and Statutes in Massachusetts are complex. If Divorce IS an option, you would want to ensure that the transfer is made correctly and accounted for as a dispensation of a marital asset. You can use the "Find a Lawyer" option here on AVVO to find a local attorney who may be able to assist you. I hope this response helped in some way. I wish you the best of luck. I have also re-classified your answer as a "real Estate" Matter, with the understanding that Divorce may also come into play.

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