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Robert A Stolzberg

Robert Stolzberg’s Answers

413 total

  • Can I appeal a trial court ruling that has dismissed a civil court appeal ? It was dismissed because I failed to docket in time.

    Original notice to appeal filed in Newburyport superior court in regard to civil lawsuit that I lost. I failed to docket the assembled case in the MA appeals court within the 10 days. I filed a "motion to docket late" in the appeals court and it...

    Robert’s Answer

    You can appeal but it will be an uphill battle. Appeals have many technical rules, ,and if a lot is at stake, you should hire an experienced appellate lawyer.

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  • After 4 years of marriage, what will I receive as alimony during a divorce?

    Prior to getting married I worked a full time job, upon marriage I moved to Massachusetts to be with my now husband of 4 yrs now, whose kids I have been helping raise for over 5 yrs. I am not their bio mother. I was/ is unable to work a full time ...

    Robert’s Answer

    You will probably be eligible for short-term alimony. He has no right to insist that you provide any services to him with regard to his children. His cheating, etc. is probably irrelevant. You should talk to a qualified attorney to determine your options and best course of action.

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  • Will i get more time for going on the run from a fedral supervised release violation?

    I have been out for a little over a year on federal supervied release. I have tested positive twice for opiots nd got sent to an impatient 3 mnth long .program by my p.o. i never went infrnt of a judge for these positive u.a's. I succsefully compl...

    Robert’s Answer

    You have no good option, so you have to chose the least bad; talk to your PO asap about your situation.

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  • My criminal case (Financial) is on appeal, and part of the appeal is the restitution portion.

    I pled guilty to a "deal" after a "dummy" plea agreement. I was ordered to pay restitution. I filed an appeal, and part of the appeal is the restitution portion. I am in my first year of my supervised release. I am now working full time. I sent m...

    Robert’s Answer

    There are so many nuances to this question that it is impossible to give you a meaningful answer. I will comment on one aspect of it, however: You seem to imply that 10% of your gross income is too high. That may well be so, but it conflicts with your desire to live in a place that the PO thinks is too expensive. Courts generally want you to pay your court ordered obligations before making any discretionary payments. You probably ought to decide which is the more important fight, and then concede on the other issue. There are a lot of moving parts and you need a qualified attorney who can advise you how they all fit together.

    Robert Stolzberg
    Attorney at Law
    One Center Plaza, Suite 220
    Boston, MA 02108
    Holder of Martindale-Hubbell’s Highest A-V legal rating for over 25 years.

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    I can't say whether you have a remedy, and, if so, it is by appeal or by an application to the trial judge.

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  • Spousal support modification

    What would be some of the circumstances that could change spousal support? I live in MA and was divorced a year ago. I was the primary caretaker of our 3 children. He got Just about everything. I couldn't afford an attorney. I can't get a job ...

    Robert’s Answer

    You are in a very tough situation, and you need a lawyer. The first thing I'd need to know is if your agreement is modifiable under its own terms. If it is, the basic rule for alimony is that there must be a meaningful change in circumstances. That could be financial (he just won the lottery), health ( you have gotten a debilitating disease), or something else. The basic rule for child support, if your children are under 23, is the best interests of the child. No one can give you a meaningful answer without much more information; most divorce lawyers will see you for free for a half hour or so to get the basic information and could then tell you your chances of getting a modification as well as whether they could get an order telling your ex to pay your legal fees.

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  • If a recipient of alimony is purchasing a home with a parent are they still entitled to receive alimony from their ex in MA?

    I am paying my ex $1000. a month for 5 years and just found out she is purchasing a home with her mother, does that fall under the definition of cohabitation?

    Robert’s Answer

    The statute (ALM GL ch. 208, § 49) provides:

    "(d) General term alimony shall be suspended, reduced or terminated upon the cohabitation of the recipient spouse when the payor shows that the recipient spouse has maintained a common household, as defined in this subsection, with another person for a continuous period of at least 3 months.(1) Persons are deemed to maintain a common household when they share a primary residence together with or without others. In determining whether the recipient is maintaining a common household, the court may consider any of the following factors:(i) oral or written statements or representations made to third parties regarding the relationship of the persons;
    (ii) the economic interdependence of the couple or economic dependence of 1 person on the other;
    (iii) the persons engaging in conduct and collaborative roles in furtherance of their life together;
    (iv) the benefit in the life of either or both of the persons from their relationship;
    (v) the community reputation of the persons as a couple; or
    (vi) other relevant and material factors"

    I don't think that a mother and daughter would be viewed as a couple so I think you have almost no chance of convincing a court that the statute applies. You might want to consult a qualified attorney to see if you can modify the order (assuming that you did not waive that right in an agreement) for some other reason.

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  • Ex-wife looking for more alimony after she quit her job. Can she do this?

    During our marriage my ex-wife worked two part time jobs. I have been paying her alimony for years. She recently left one of the jobs and now thinks it is my responsibility to pay her more alimony, to make up the deficit. Can she petition for m...

    Robert’s Answer

    There are many variables, among them whether the alimony was court imposed or per an agreement. In general, courts will impute income to a person who has voluntarily and without good reason diminished his or her income. In addition, if court imposed, you might have a case for modification under the recent changes to the statutes.

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  • Massachusetts DCF neglect case TPR affirmed in the appellate court

    Is there any way to reopen an DCF case after the adoption has gone through six years ago?. I was told if you can prove "fraud" happened. Is this true? If not what are the requirements?

    Robert’s Answer

    Unless you have incredibly strong evidence of fraud, and probably unfitness of the adoptive parents, the chances are close to zero that a court would uproot a child from the only family s/he has known for at least six years. Do you think that would be in the child's best interest? If not, if you love the child, don't do it even if you think there is a chance of success.

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  • What is the process to appeal a Decision on a Complaint for Modification?

    The judge cited factually incorrect reasons for considerably reducing my child support and alimony....such as citing I pay $3,000 per month for rent....I don't....I pay $2,000 for a three bedroom which is a reasonable rent. Also cited I was unwi...

    Robert’s Answer

    If you filed a timely motion under Rule 50(b), 52(b), or 59, your 30 day window to appeal does not start to run until the trial judge rules on your motion. If not, file your notice of appeal asap. You could also make a Rule 60 motion and the judge might use that as an opportunity to correct his errors.

    As noted, appeals are much more technical than trials, and you should strongly consider getting qualified legal assistance.

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  • Am i able to submit another modification for alimony?

    dec 2013 had a trial for an ongoing contmp since09 for cs medical expns &college this came after a capias since July 13 for the defnts neglince to appear. In may 14 my son became emancptd college grad. I waited till July to file a mod for alimon...

    Robert’s Answer

    From your very unclear inquiry, it sounds like you are able to file for a modification. I think you need more than a lawyer for the day; make an appointment with a qualified domestic relations attorney, bring all your paperwork with you, and determine with him or her your best plan of attack (or defense).

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