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Carolan Kiely Hardy

Carolan Hardy’s Answers

15 total


  • If an account was set up for a minor child per court order due to a third party liability settlement who sets the account up?

    The father(we were never married} was awarded a large settlement after quite some time after being hurt. When we went to probate court we agreed upon child support, a lump sum for myself as well as a percentage put away for my daughter. I have f...

    Carolan’s Answer

    I am sorry to hear that you going through this. When you state that you have not received a penny, I am presuming that you are not receiving child support and that you have not received the money from the settlement. As you state that this was decided in probate court, a contempt can be filed to recover the child support and the settlement award. There are many facts to this case that I do not know, but if DOR was involved and DOR is the Department of Revenue. If the father received a salary and you choose to have DOR take child support from his pay each week they may provide some assistance. Additionally, if the agreement states that you were to receive an amount from the father's settlement you need to look to the agreement for any language for dates and amounts to be dispersed to you and to your daughter and how they were to be dispersed. I would suggest that you contact a family law attorney in your area to review the agreement and assist you in filing any documents to receive your settlements.

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  • How can I find out if my husband is married to someone else under an assumed name?

    this person appears to have multiple aliases, and may even be married to someone else, as they were paying for and maintaining at least one other residence. But their real name doesn't show up at all in a search for town and state phone listings ...

    Carolan’s Answer

    Your question raises some concerns for yourself. As there are many facts I do not about your case or if he is married to someone else, it does raise some concerns. Along with the private investigator that was previously suggested, I would contact a family law attorney.

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  • Looking to Divorce wife who will be totally taken by surprise. What do I do to prepare?

    I want to do the right thing for my children and wife. She will be totally caught off guard by my request. What should I do to prepare for the day I tell her this?

    Carolan’s Answer

    I couldn't agree more with my colleagues that contacting an attorney to advise you of your rights, obligations and the divorce process should come first. Your attorney can help to make the process easier for you and your spouse. I wish you the best through this process

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  • My wife and i want to give up custody of my 17 year old daughter to my daughter in law. I would prefer to stay out of the courts

    my daughter already lives with her in another state. i live in NH and she and my daughter are in MA she needs custody to get her a ma id. and to enroll her into public highschool since she has been homeschooled

    Carolan’s Answer

    I agree with both the answers above. However, not knowing all the facts, and if what you want is for the child to be enrolled in school in MA then a Massachusetts Caregiver Authorization Affidavit may work. The Caregiver authorization affidavit is for education and health care for the child. It does not require going to court. The Caregiver Affidavit does not give custody. It only allows the caregiver the right to make medical and educational decisions for the child.

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  • Custody and Child Support --- Two Kids, Two Complaints, Two Cases?????

    My boyfriend and I just broke up. We lived together for ten years and have two children (ages 6 & 8). My boyfriend is on both of the children's birth certificates and he is not contesting paternity. I just went to the probate court today to file a...

    Carolan’s Answer

    • Selected as best answer

    I agree with both of the statements listed above, but here is also another idea. If you can't afford to hire a lawyer, you may think about hiring a family law attorney who is qualified under LImited Representation. Limited Representation allows you to hire an attorney to write temporary orders give you advice, write other documents or appear at a hearing to make sure that your voice is clearly heard and that you understand what you are signing. You can ask the Court for the list of attorneys under Limited Representation or go to the court site.
    Best Wishes

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  • How can i find assets of my spouse if filing for divorce and the assets are in a different country?

    my spouse is hiding assets from me in his country ...

    Carolan’s Answer

    I would add that if you do not have the financial documents then you will need to request these documents. You should file a formal request for mandatory disclosure under rule 410. You may also want to file documents for discovery to ask questions or interrogatories, seek admissions and ask for a production of documents from their bank(s), retirement records or any other place where you think that funds may be held either individually or with another individual(s). You should hire an attorney to assist you in these matters and you probably need an investigator. If you can not afford an attorney, you may hire an attorney to complete a specific task for you under Limited Representation.

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  • How will the Alimony Reform Act in Mass affect the status of my alimony, given a 32-yr marriage, stay-at-home mom, w/illnesses?

    Ex walked out on our 32-year marriage, in which I was a stay-at-home mother, (daughter now 20 and becoming self-sufficient) have been unemployed for over 20 years, and have medical problems. Divorce left me, in late 2010, with alimony in which I...

    Carolan’s Answer

    I agree with the answer above but I would just like to comment that you might want to go to Suffolk court or whatever probate court that is near you and speak to the lawyer of the day if you can't afford to hire an attorney.

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  • What if the wife who is being sued for divorce under no fault divorce and does not want a divorce

    says she will do anything the husband wants as long as there is no divorce does that still mean that there are irretrievable break down?

    Carolan’s Answer

    As stated above, if one party wants a divorce, they will be able to get a divorce.
    If the husband is going to get a divorce, the wife should obtain counsel to protect her rights and interests.

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  • Am I responsible to maintain my requirements under a divorce decree if my ex spouse does not?

    I am recently divorced. My divorce decree requires that I maintain health insurance for my ex spouse until my ex spouse becomes eligible for medicare. Under the terms, my ex is required to notify me of any change in address. My ex has moved approx...

    Carolan’s Answer

    • Selected as best answer

    If you wish to change the agreements made under your divorce decree then you need to file a modification. If you do not keep the agreements made under your divorce decree then you may be held in contempt. If the agreement states that your ex is required to notify you of a change of address, then I would go to court and seek the assistance of the lawyer of the day to fill out any paperwork to have your ex comply.

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  • Why does spouse who left get to decide when the other spouse can see/have their kids?

    My wife left and took our two kids with her. They're living at a friends house. Our divorce is proceeding but we're just at the very beginning. There are no claims of child abuse. I get to see the kids every other weekend. I want the kids to stay...

    Carolan’s Answer

    As I do not know details of your matter, I do not know if any documents have been filed in court. I am presuming that someone has filed for divorce. You state that your wife has obtained 'total authority', but I do not know how. If you do not have temporary orders, then I would suggest that you seek the assistance of counsel or at least the lawyer of the day to help you complete a motion for temporary orders and file with the court. Temporary orders can create a parenting plan to establish the dates and times the parties each spend with the children. If you already have temporary orders, then I would suggest that you seek the assistance of counsel or at least the lawyer of the day with regards to further temporary orders that would give you more time with the children. Best of luck to you.

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