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Lloyd David Godson

Lloyd Godson’s Answers

45 total

  • How to proceed when ex-spouse is refusing to pay the GAL her portion?

    Second GAL investigation has been ordered by the judge. This time the ex-spouse is refusing to pay her portion to the GAL saying she has no money. She is the one who has filed for modification which prompted a second investigation. Please advice. ...

    Lloyd’s Answer

    You have two remedies in this matter. The preferable remedy is a motion to dismiss her complaint for modification. Not knowing the allegations contained in her complaint, it is impossible to say whether a Judge will be substantially concerned to deny the motion. The second remedy is a contempt requiring her to pay her portion. EIther way, the vehicle used places her behavior in front of the Judge and should raise issues regarding her credibility. On the other hand, if the issues are egregious and she is simply out of funds,the Court may look to you for payment.

    This is a very fact driven case. For a better analysis, talk with an attorney experienced in this area.

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  • My wife is going to take my baby out of the USA

    Hi and thank you for helping me. I and wife are living in USA for 2 years and our baby was borned in USA. We are originally came from IRAN and I am student here and I get paid by university as teaching assistance (I have SSN and my income is t...

    Lloyd’s Answer

    There are onviously other issues in your marriage. Talk to an experienced attorney about obtaining a court order to hold the passports in the Court until matters are resolved. Iran is not a signatory to the Hague Convention would can cause significant problems for the parent left behind.

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  • Can I get a child support modification for a special needs child beyond the age of 23?

    My child is on the autism spectrum, enrolled in college full time and will not finish college until she is over the age of emancipation. And can I ask for help with remaining college expenses?

    Lloyd’s Answer

    This is a complicated area of the law that many people and practitioners do not understand. First, child support ends at age 23. Case law in this area calls for a complaint in equity to be filed because support is no longer viewed by the Courts as child support. It is viewed as unmet needs. Talk with an attorney who knows this area of the law and proceed on a complaint in equity.

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  • Can I subpoena records from my Ex's divorce attorney?

    I have filed for custody of our child. My Ex's present lawyer is planning to call her Divorce attorney as a witness. The judge has ruled that my Ex and her Attorney must give up Attorney/Client Privilege if she is to testify. Since she will be req...

    Lloyd’s Answer

    You must have a written order in hand to identify. You should not only subpoena the records, you should also thoroughly depose the former attorney. Contact a knowledgable , experienced attorney to assist you.

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  • Can I stop my wife from leaving the state with our kids?

    My wife just filed for divorce and she told me she was leaving for Georgia with taking the children with her and would only come for the court events. She has also denied from seeing the kids for the past two weeks. I know I can take action once s...

    Lloyd’s Answer

    Please retain counsel immediately. Your Wife needs the Court's permission to leave witht he children. Further, the Court needs to address custody and visitation. Your absence and failure to act over the last two weeks could hurt you. Failure to act immediately will hurt you. Address your individual facts with qualified counsel and seek an emergency motion to prevent further actions by your Wife.

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  • Which state do I need a lawyer from?

    My ex says she is moving the child support case to Massachusetts. Which state do I need to get a lawyer from? Or should I wait until I receive paperwork stating that the case has been moved? This situation is extremely stressful as I have bee...

    Lloyd’s Answer

    This is an issue of jurisdiction that will have to be addressed by a Massachusetts lawyer. Depending on the facts of your case, Massachusetts may not have jurisdiction over you regarding child support. While it is true that Massachusetts will have jurisdiction over custody and visitation, Massachusetts requires personal jurisdiction over you to review the issue of child support. For a detailed overview of the issue I suggest you read my appellate case, I.S.H. v. M.D.B., 83 Mass.App.Ct. 553 (2013) which is on point.

    Further, even if Massachusetts has jurisdiction, the courts will have to recognize the issuing states law with regard to termination of child support. Contact a knowledgable Masssachusetts lawyer.

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  • Can I file an appeal if I disagree with this "judge's" order?

    My mother is seeking visitation with my daughter. I understand that because my daughter's father is deceased she is able to petition the court for grandparent visitation. The first time we were in court back in October, Judge Kagan, who I don't ...

    Lloyd’s Answer

    Grandparent visitation is a narrow issue with case law that essentially requires the grandparent to be actively involved in the grandchil's life for it to be granted by a court. Your case is fact specific and should be reviewed by an attorney with experience in this area. Your case should not be appealed at this juncture as the appeal would be called an interlocutory appeal which means an appeal of a temporary order. This type of appeal is usually denied. An appeal should be considered after a judgment is rendered. You have along way to go before that happens. Judge Kagan is a good judge. Whether you like him or not, he will continue to be your judge. Seek advice immediately.

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  • Will One Substantiated claim of neglect by DCF hurt me in a custody matter?

    Although it has nothing to do with putting my child in danger, does it depend on the severity of the claim or will just one claim itself hurt me

    Lloyd’s Answer

    You need to fill in the blanks. Is there a current custody matter? Is it based upon your actions with DCF or was the DCF finding several years ago? What is the current custodial situation? How old is the child(ren)? Are there issues with the other parent?

    This will be a very fact driven issue. If it is headed for Court, the facts need to be analyzed now to achieve a favorable result. Consult an experienced child custody attorney.

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  • I am currently ordered to pay 1/2 of my daughters uninsured medical expenses and do so always. 1 child

    My ex is now remarried and my child is part of her family plan. There are 5 people on that plan. The plan has a family deductible of $4,000 and a per person deductible of $2,000. My daughters portion of the family deductible is $800. By my reasoni...

    Lloyd’s Answer

    Doing the math, as you and your ex have done, doesn't always reflect reality. Reality in this situation is whether members of your ex-Wife's family plan all get sick at the same time and incur equal costs. The obvious answer is that they do not. As long as your ex provides actual invoices and statements of coverage you should pay what you owe. If your child is healthy it is likely you will never see the $1000.00 per year in actual costs.

    This is an issue not worth fighting over. The focus should be on your child, not unresolved issues with your ex.

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  • The judge said he must pay tuition. He didn't. I paid this semester. He won.t pay me back. Do I need to pay for a lawyer?

    The agreement for him to pay for community college was when he took me to court to stop child support payments. I agreed but wanted him to pay tuition . Can my legal fees be recovered since it seems to me he is in contempt

    Lloyd’s Answer

    The legal standard for a Complaint for Contempt is violation of a clear and unequivocal order. Talk to a lawyer to make sure your agreement is clear and unequivocal. The next analysis by the Judge will be ability to pay. Assuming ability to pay the Court has the discretion to send him to jail until he pays what is due. The statute calls for the payment by the Defendant of Plaintiff's attorney's fees. Not all Judges follow the statute. Fees are ultimately your responsibility until paid by the Defendant.

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