Marc Jay Cooper's Answers

How do i find out when a restraining order was served? filed in mass and person lives in nyc

You should be able to obtain that information from the Police Department which has jurisdiction over the residence of the defendant. You can also contact your local police department who may have been involved in transmitting the Order to New York..

Selected as best answer

How do I become emancipated? My youngest(19)is a full time Necco student. I don't believe he's living at home.My oldest is 23

Emancipation is not applicable to you as the father who is paying support. It is a child that becomes emancipated. If there is an Agreement governing your divorce obligations, then there would presumably be a definiton in it for emancipation. As a general statement, if your son is no longer residing principally with this mother and is not dependent upon her for support then he is emancipated. If in college, living with her can mean returning to the home for vacations, and the summer....

Selected as best answer

Do you know where can I find a Motion to Waive Appearance and an Affidavit in Support of Motion to Waive Appearance online?

There isn't anything special or unique about these pleadings. In the Motion you should set forth the circumstances and facts which you suggest support the waiver, and the Affidavit should mirror the Motion to support it. You can also combine them and do a verified Motion as well. It if it a divorce hearing, make sure you put all of the answers in the documents to the Court's questions: e.g. I read the entire agreement. I entered into this voluntarily. I understand it and had advice of...

1 lawyer agreed with this answer

1 person marked this answer as helpful

I am the head of the family and I have a judgment entered what action can the creditors take?

The creditor can bring suit on the judgment, attach your wages and/or property, and/or seek to execute the Judgment through other legal means available.

2 people marked this answer as helpful

If I have physical custody of my child and the father and I have joint legal, do I have to get his permission to do everything?

In Joint Legal Custody, each parent has equal input into major decisions affecting the health, weflare, education, medical treatment, and religious upbringing. As a practical matter, this does not mean that you need to get his permission for everything that you do such as day to day activities, routine doctor's appointments, traveling on vacation or overnight etc. He can't stop you from moving within your own town but the impact of a change of school could very well need to be addressed. On...

1 lawyer agreed with this answer

If my daughter becomes a resident of another state while in college, will my child support payments continue?

If she becomes a resident of another state on her own and no longer lives with your former spouse to whom you are paying child support, then it is likely that you can terminate your support payments. If you have an Agreement, it would depend upon the language regarding emancipation which normally includes the circumstance where the child no longer resides with and is no longer principally dedendant upon that parent for support as one emancipating event. If it is a judgment resulting from a...

1 person marked this answer as helpful

I am wondering about buying out a non-married co owner of a singel family house. there's a catch

This is really a business decision much more than a legal issue. Whether to rent or sell requires you to carefully run the numbers to see what course of action to take. If you do sell, you need to be mindful of the possibiliy that you are going to end up owing the mortgagee a shortfall on your mortgage. This needs to be thought out ahead of time. It is possible to reach an agreement with your mortgagee to write off the shortfall of what is referred to as a "short sale" but this must be...

1 person marked this answer as helpful

What is going to happen now if Mass. is doing away with alimoney.? One spouse wants out the of the marriage

Massachusetts is not doing away with alimony. The new legislation being considered would certainly put new time frames and deadlines in place which we have never had in Massachsuetts before but by no means is alimony being eliminated.

1 person marked this answer as helpful

How can i get custody with out afford a attorney

You can contact the Boston Bar Association and Massachusetts Bar Association and ask about their referral services where you may be able to get a qualified attorney to represent you at a reduced rate. This is not a criminal matter so you are not entitled to counsel. Have you asked the Court to order your husband to provide an allowance to you to retain an attorney and/or take other steps in the case? These are at least some options that you can try.

1 person marked this answer as helpful

If I have been seperated from my wife for almost 8 years,but didn't file paperwork,is my marriage over.I haven't seen her or her

No. You may have a ground of desertion for divorce but you need to file an action in the Probate and Family Court and have a Judgment of Divorce granted.

1 person marked this answer as helpful