Kara J. Carey’s Answers

Kara J. Carey

Walpole Divorce / Separation Lawyer.

Contributor Level 9
  1. What can I do about my husband who doesn't want to pay child support until divorce is finalized?

    Answered about 1 year ago.

    1. Kara J. Carey
    2. Catherine Taylor
    3. Marcia J Mavrides
    4. Joshua N Robbins
    5. Anthony Rao
    6. ···
    6 lawyer answers

    You need to file a Complaint for Divorce and a Motion for Temporary Orders with the Court, and then your Husband will be ordered to pay child support while the divorce is pending. I highly recommend you hire an attorney, or at least consult with an attorney on a Limited Representation basis. If you have funds in joint accounts, you can likely use those funds for legal fees; an attorney will be able to better advise you after a consultation and review of your family's financial picture.

    10 lawyers agreed with this answer

  2. Assault & Battery? Me? What happens next?

    Answered about 1 year ago.

    1. Ilir Kavaja
    2. Kara J. Carey
    3. Julie Court Molloy
    4. David C. Newton
    5. Bennett James Wills
    5 lawyer answers

    I edited your topic heading as this is not a domestic violence matter, and you need a criminal defense attorney. Best of luck.

    7 lawyers agreed with this answer

  3. Will child support stop automatically at age 18

    Answered over 1 year ago.

    1. Karla Mansur
    2. Kara J. Carey
    3. Catherine Taylor
    4. Julie Court Molloy
    5. Lloyd David Godson
    6. ···
    7 lawyer answers

    A child is not always "emancipated" at 18. The definition of emancipation can be defined by Mass General Laws chapter 208, section 28, or by agreement of the parties. It is unclear what "paper work" you refer to; if it is a Separation Agreement or a Court Judgment. Generally, child support does not terminate when a child goes to college. You should consult with a family law attorney to review the "paper work" you reference, and to ensure you do not violate the court order.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Have a court appointed lawyer that is not getting the motions into court or getting us into to see the judge.

    Answered about 1 year ago.

    1. Kara J. Carey
    2. Michael L Rich
    3. Henry Lebensbaum
    3 lawyer answers

    This is a difficult question to respond to without more facts about your case and a copy of the Court Order. If there is a clear and unequivocal court order that is not being followed, you can file a Complaint for Contempt. As you have an attorney, I would recommend that your first step is to meet with your attorney regarding your concerns, as there may be reasons why my suggestion about filing a Complaint for Contempt is not the appropriate resolution in your case. Best of luck, I imagine...

    Selected as best answer

  5. How long and much does it take before a person who doesn't pay child support to get on dead beat parent list? Does the

    Answered about 1 year ago.

    1. Kara J. Carey
    2. Julie Court Molloy
    3. Henry Lebensbaum
    4. Amy L Saunders
    4 lawyer answers

    If you are seeking enforcement of the Order and a monetary response, I would suggest that you file a Complaint for Contempt on your own. The DOR is extremely backed up, but you can file a Complaint for Contempt and get into Court, usually within a few weeks. The Judge may order the Father to pay something to you that day. I recommend you seek the assistance of an attorney in this matter.

    6 lawyers agreed with this answer

  6. Can an Aunt gain custody of child after her sister has passed away?

    Answered over 1 year ago.

    1. Kara J. Carey
    2. Karla Mansur
    3. Karen M. Buckley
    4. Michael L Rich
    5. Kenneth P Doherty
    6. ···
    6 lawyer answers

    As you have only provided very limited information, I cannot fully advise you what the outcome of your case will likely be. This sounds as if it could turn into a complicated custody battle. In the end, the Judge will award custody taking into account the best interests of the child. This case will be largely dependent on the facts and the presentation to the Court. I would advise you hire a family law attorney if you feel that it would be in the child's best interest for you to have...

    6 lawyers agreed with this answer

  7. My husband and I are starting the divorce proceedings. This October, would have been our 10th anniversary.

    Answered over 1 year ago.

    1. Karen M. Buckley
    2. Kenneth P Doherty
    3. Catherine Taylor
    4. Kara J. Carey
    5. Kyle Piro
    6. ···
    8 lawyer answers

    As Kenneth stated, it can impact the amount of time you receive alimony if your case is one that alimony is appropriate, although the date of service of the divorce complaint is more important than the date of divorce with regards to alimony. Also of importance is that you have to remain married for ten years to qualify for social security spousal benefits. As you have only provided limited details, I cannot say for certain that this should be a concern or a factor in resolving your divorce,...

    6 lawyers agreed with this answer

  8. How does a hearing officer determine if there should be an increase in child support?

    Answered over 1 year ago.

    1. Dylan Hayre
    2. Catherine Taylor
    3. Kara J. Carey
    4. Stephen P. Kelly
    5. Henry Lebensbaum
    5 lawyer answers

    A Judge will determine what the appropriate amount of child support is based on the incomes of both parties and costs such as medical & dental insurance, daycare, and support obligations to other children. You can calculate the amount here: https://wfb.dor.state.ma.us/DORCommon/Worksheets/CSE/Guidelines.aspx Your other monthly expenses are not considered in the calculation. Although the Court has the authority to consider your other expenses, it is unlikely that will affect the child...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can I get a restraining order

    Answered over 1 year ago.

    1. Kara J. Carey
    2. Steven Edward Zlochiver
    3. Anjali Gupta Stevenson
    3 lawyer answers

    To obtain a restraining order, you must have a reasonable fear of imminent physical harm. Additionally, you do not say who you are seeking the order against; you are required to have a familial or dating relationship with person you are seeking the order against.

    5 lawyers agreed with this answer

  10. My exhusband is bringing me to court for child support reduction what do I need to bring

    Answered over 1 year ago.

    1. Kara J. Carey
    2. Steven Edward Zlochiver
    3. Robert Winford Carpenter
    4. Anthony Rao
    5. Elliot S Coren
    6. ···
    8 lawyer answers

    You will need to bring an updated financial statement with a copy of your most recent W2 attached. You may want to run the child support guidelines yourself to see if a reduction is warranted; there is a calculator on the DOR website. If there is a discrepancy, the Court will likely amend the order unless you can show that he intentionally reduced his income. As far as his failure to pay half the uninsured medicals, have you given him copies of all the bills and requested payments from him?...

    5 lawyers agreed with this answer