Jason V. Owens’s Answers

Jason V. Owens

Hingham Divorce / Separation Lawyer.

Contributor Level 9
  1. Can a judge order a later modification and redistribution of marital property properly distributed at time of divorce ?

    Answered over 2 years ago.

    1. Karla Mansur
    2. Jason V. Owens
    3. Aaron H. Hutchins
    4. Peggy Margaret Raddatz
    5. Kenneth P Doherty
    5 lawyer answers

    Good issue. The key question to ask is generally whether the property was actually divided at the time of divorce. The Massachusetts property division statute provides "[A]t any time after a divorce ... the court ... may assign to either husband or wife all or any part of the estate of the other ..." In other words, the Court can assign undivided marital property at any time, even after a divorce. This only applies to undivided property, however. Once marital property has been divided, it...

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  2. Do I need permission to move out of state with my child

    Answered over 2 years ago.

    1. Philip W. Mason
    2. Jason V. Owens
    3. Gary S. Sinclair
    4. Diana I. Sorrentini-Velez
    5. Sean Stentiford
    5 lawyer answers

    In the case of Smith v. McDonald, decided in 2010, the Massachusetts Supreme Judicial Court held that "[w]hile a statute governing divorced children is not applicable directly to nonmarital children, the legal equality of nonmarital children pursuant to G.L. c. 209C, § 1, dictates the same rule apply for children in comparable circumstances. Accordingly, when a nonmarital child has two legal parents, the parent with custody may not move the child outside the Commonwealth without the permission...

    7 lawyers agreed with this answer

  3. 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?

    Answered over 2 years ago.

    1. Jason V. Owens
    2. Gary S. Sinclair
    3. Carolan Kiely Hardy
    3 lawyer answers

    To answer your question specifically, it is not "automatic" that alimony will terminate when your former husband reaches retirement age under the new Massachusetts alimony statute. The new statute provides the following general rule: "[o]nce issued, general term alimony orders shall terminate upon the payor attaining the full retirement age when he or she is eligible for the old-age retirement benefit under" federal law (e.g. Social Security, etc.). However, the statute provides two possible...

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  4. How can I get divorced in Mass. without my husbands signature?

    Answered over 2 years ago.

    1. Philip W. Mason
    2. Jason V. Owens
    3. Thomas J Callahan
    4. Henry Lebensbaum
    5. Michael Rodney St Louis Esq.
    5 lawyer answers

    Attorney Mason is spot on. I would also add that in many Massachusetts courtrooms, if a husband fails to appear at a pre-trial conference, the judge will enter a final Judgment of Divorce immediately at that time.

    5 lawyers agreed with this answer

  5. How is it determined who should be paying child support for a 19 year old daughter who is in her first year of college

    Answered over 2 years ago.

    1. Philip W. Mason
    2. Jason V. Owens
    2 lawyer answers

    Under Massachusetts law, when a child is between the ages of 18 and 20 years old, a court will award child support to one parent if its finds that the child is "principally dependent" on that parent. See Ch. 208 s. 28. The first test for whether a child is "principally dependent" on one parent is whether the child continues to be domiciled with that parent. (In this context, "domiciled" would include a scenario in which the child spends the majority of his or her time at one parent's home...

    5 lawyers agreed with this answer

  6. Is it possible to get a change of venue on a child custody/support case in Mass?

    Answered over 2 years ago.

    1. Jason V. Owens
    2. Henry Lebensbaum
    3. Peggy Margaret Raddatz
    3 lawyer answers

    The key is whether mother also agrees to change venue to the same court you would like to have the case heard in. It is fairly rare for venue to be changed without both parties agreeing, since a judge is likely to view the single party's request as a form of "forum shopping" - i.e. trying to get a new judge or gain some strategic advantage by changing courts. If you both agree on a specific court you'd like to move the case to, then talk to the staff at the court that presently has venue about...

    4 lawyers agreed with this answer

  7. My oldest step son dropped out of college and doesn't want to go back. The next step son will attend college in the fall of '12

    Answered over 2 years ago.

    1. Philip W. Mason
    2. Jason V. Owens
    3. Henry Lebensbaum
    4. Kelly A. Broadbent
    4 lawyer answers

    A couple of responses. First, under MA law, a child will be considered "emancipated" if he or she reaches age 21, and is not enrolled full-time at a 4-year university. This is clear, black letter law. Until your son turns 21, however, he falls in the 18-20 year old age range, in which weekly child support may continue so long as a court finds that your son is "principally dependent" on your former wife. (If your son is now working full-time and would earn enough to support himself if he...

    4 lawyers agreed with this answer

  8. What are the realistic consequences for forging a signature on a federal tax return

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Eric P Rothenberg
    3. Dana Whitney Atchley
    4. Paul Arnold Nidich
    5. Jason V. Owens
    5 lawyer answers

    I agree with Attorney Lewis, you have done well to focus on the realistic consequences of your husband's actions rather than getting focused on the outrage of his conduct. Realistically, if you convinced the IRS that this was a real forgery, the IRS could theoretically have your husband charged with a federal crime. Alternately, the IRS might demand he refile his return as "married filing separately", order him to pay additional taxes, and/or demand he return a portion of the refund. None of...

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  9. I was released from prison seven days ago and there is a restraining order in place. How do I obtain my personal property?

    Answered over 2 years ago.

    1. Dominic L. Pang
    2. Alan J Pransky
    3. Jason V. Owens
    4. Henry Lebensbaum
    5. Derek Michael Smith
    5 lawyer answers

    You should start by reading the Abuse Prevention Form carefully. Box 10 on Page 1 of the standard Massachusetts Abuse Prevention Form provides that "you may pick up your personal belongings in the company of police at a time agreed by the Plaintiff." If this Box is checked off, you are in a position ask the police to directly assist you in locating your property. At a minimum, the police would contact the Plaintiff and enquire about the property. Even if the Box is not checked off, I...

    3 lawyers agreed with this answer

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  10. Can I sue for past child support 40 years later when there was never a court order?

    Answered over 2 years ago.

    1. Todd Allen Davidson
    2. Jason V. Owens
    3. Alison F Silber
    3 lawyer answers

    Under Massachusetts law (M.G.L.A. c. 209C, § 9), a Court "shall ... order past [child] support for the period from the birth of the child to the entry of the order" upon the filing of a Complaint to Establish Paternity. Accordingly, an unmarried Mother may absolutely seek retroactive child support extending back to the birth of a child from an unmarried Father and the Court must award retroactive support, although the precise amount of retroactive support remains in the discretion of the Judge....

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