Katie Leigh Lenihan's Answers

What would my wife be entitled to if we divorced?

M.G.L. Ch. 208, section 34 outlines the factors a court uses to determine how assets would be divided in the event of a divorce. Those factors are used as a guide for the Court to decide what is an equitable, not necessary an equal division of the marital estate. The Court would also use the factors to determine the appropriateness of spousal support. DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not...

1 person marked this answer as helpful

How old does a minor in Massachusetts have to be to decide that she does not want to see a parent any long?

A Court may consider a child's wishes around 14 years of age but it is not absolute. A Court will not allow a child to cut ties with her father, especially at 13. This does not include circumstances in which the child is in danger in the father's care.

1 person marked this answer as helpful

What should she do legally? What should she do to protect herself and her baby?

If your daughter was served with papers then she will be required at some point to go before the Court. I suggest she seek the assistance of a Family Law attorney. If she cannot afford an attorney, she may want to call the court to see if there is a lawer of the day available to her who can assist her with filing any motions that are necessary to protect the child and establish support, custody and visitation.

1 person marked this answer as helpful

Alimony and Trust Funds

There are several factors that are considered, the first, being whether your husband is even entitled to alimony . As to accessibility of the trust, there are several determining factors. I strongly suggest you contact an attorney. This could have long term implications if you do not have adequate representation. DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship....

What happens if other party (plantiff) does not show up for a review in court, MA??

I am assuming that you already went to Court. The Judge has wide discretion on how to deal with a litigant that does not appear for Court. It really depends on what the review was for. A Judge may just order another date or may order the case to trial, provided there has been a pretrial. The Judge may set the matter for a pre-trial. If the litigant does not show up for a pretrial, the matter may be dismissed, provided you have not filed a counterclaim, judgment can be entered in favor of...

My MA CS doesnot include college support and will CS stop @ 18?

Are you receiving support pursuant to divorce or paternity? A parent can potentially receive child support until a child reaches the age of 23 if the child is enrolled in an educational program. The child support order would not include anything with regard to college. A party seeking college contribution would need to file a complaint for modification asking that the other parent be ordered to contribute. DISCLAIMER: This answer is provided in response to a "hypothetical" question and...

We have joint legal and physical custody and the mother of my son refuses to pay for anything. What can I do?

DCF often looks suspiciously at parties of a divorce calling them regarding the other parent. If this is of concern, then I suggest contacting a family law attorney in your area to discuss a possibly modification. As for her payment of expenses, you need to review the agreement with regard to children's expenses. You may have cause to file a complaint for contempt. DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational...

My ex's circumstances have not changed, his W-2's are identical..we are in court for mod decrease..how can the judge allow this?

Child support is always modifiable so long as there is a material change in circumstances. I would recommend consulting an attorney as the answer to your question is fact specific and requires a review of the original agreement as well as his complaint to modify. As for the Judge's allowance to extend the discovery deadline, a judge has broad discretion to make decision as to deadlines for discovery. DISCLAIMER: This answer is provided in response to a "hypothetical" question and...

I filed for child suppport over a year ago but a lot has changed. With our court date coming up, I'm not sure I want to go

Child support is always modifiable by the court; however, the Court cannot enforce an agreement that is not entered as a judgment or an order by the Court. DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to...

My wife and I live in Massachusetts, can my wife move to CA , taking our 2 kids with her, when we get divorced?

M.G.L. ch. 208, Section 30 states that children who are under the jurisdiction of the MA Probate Courts cannot be removed from the Commonwealth without the consent of both parties or Order of the Court.