Steven Edward Zlochiver’s Answers

Steven Edward Zlochiver

Newton Family Law Attorney.

Contributor Level 12
  1. My husband has an open case for domestic violence but won't leave our marital home what can I do to take him out?

    Answered over 1 year ago.

    1. Julie Court Molloy
    2. Steven Edward Zlochiver
    3. Howard M Lewis
    4. Henry Lebensbaum
    4 lawyer answers

    The Victim Witness staff at the District Attorney's Office should be able to inform you about what you might be able to get for protection within the criminal case. However, you also can request a Chapter 209A Abuse Prevention Order ("Restraining Order") in the appropriate District Court or Probate and Family Court. You can get an order there that he shall not abuse you; that he shall leave and stay away from the house; that he shall stay away (a certain amount of yards) from you wherever your...

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  2. How often & how likely will a custody case settle during pre-trial? What if ex admitted to threatening w/ lawyer in mediation?

    Answered over 1 year ago.

    1. Steven Edward Zlochiver
    2. Julie Court Molloy
    3. Michael J Tremblay
    4. Thomas Richelo
    4 lawyer answers

    I am not quite sure of the status of your case, so if I assume some things incorrectly perhaps you can clarify for me. It sounds like you have signed a settlement agreement and there is an expectation that it will be presented to the judge at the Pre-trial Conference to be incorporated into a final judgment. You now disagree with and it was signed under duress, so there should be nos issue - you have second thoughts about it, you will be able to tell the judge that and it will not become...

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  3. Does a financial statement with a modification of physical custody and child support need to include my new husbands income?

    Answered over 1 year ago.

    1. Karla Mansur
    2. Steven Edward Zlochiver
    3. Howard M Lewis
    4. Anthony Rao
    5. Julie Court Molloy
    6. ···
    6 lawyer answers

    Your current husband's income is not factored in to child support calcualtions and is not required in a financial statement. What you actually contribute to bills should be the amount that you should indicate in the financial statement. If you feel that it may not appear valid to the Court, you may state in a footnote that it is your share. Similarly, you may indicate in a footnote the reason you are not covering certain bills, like rent. I hope this helps. Steve Zlochiver Zlochiver &...

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  4. I did not appear and court and divorce was granted with prejudice in MA, what does that mean

    Answered over 1 year ago.

    1. Philip W. Mason
    2. Steven Edward Zlochiver
    3. Emma A. Kremer
    4. Henry Lebensbaum
    5. Robert Winford Carpenter
    5 lawyer answers

    You can certainly appeal the decision if there is a valid basis for an appeal. You cannot relitigate the same matter at the trial court based on the same facts - with exceptions based on various Rules of Court (such as Rule 60.) and, perhaps based on a remand of the appellate court if you succeed there. Additionally, all child-related matters can be addressed again by a modification claim when you allege there has been a substantial change in circumstances. It is a potentially very complex...

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  5. I have sole, physical, legal custody of my daughter from the state of massachusetts do i need the fathers ok to move to Missouri

    Answered over 1 year ago.

    1. Steven Edward Zlochiver
    2. Matthew Thomas Majeski
    3. Keith G Langer
    3 lawyer answers

    Yes, you would normally need to petition the Court to remove the child - especially if he has visitation rights by way of an order or judgment. You can do this in a Modification action and, unless he agrees to the move and you and he file, and have the court approve, a Stipulation for Modification Judgment, you have to allege and prove that there is a real advantage to the child by your moving to Missouri and that it is in her best interests that you and she move. A real advantage can be shown...

    8 lawyers agreed with this answer

  6. Can I write a divorce agreement stating child support payments will end at age 18 and not 23.

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Steven Edward Zlochiver
    3. Matthew Thomas Majeski
    3 lawyer answers

    Chapter 208, Section 28, provides that the Court MAY make child support orders for children over the age of 18 - therefore, the Court is not mandated to do so. You would draft an agreement that does not mention support for children over that 18. There could be a substantial change in circumstances later that would allow for a modification, but you do not have to agree, now, that child support will be provided for the child(ren) when they become 18. I hope this helps. - Steve Zlochiver,...

    8 lawyers agreed with this answer

  7. My alcoholic spouse moved to a distant state 6 months ago; can I file for a no fault divorce?

    Answered over 1 year ago.

    1. Steven Edward Zlochiver
    2. Alan J Pransky
    3. Robert Winford Carpenter
    4. Henry Lebensbaum
    5. Hindell S Grossman
    5 lawyer answers

    Yes, you can file for a "no fault" (irretrievable breakdown of the marriage") divorce. It can be contested on other issues than the cause of the marriage dissolution - such as property division. In that contested situation can you can file under Section 1B of the divorce statute (Chapter 208) and you would have to have him served with the summons and complaint for divorce in accordance with the rules of service of process of the state where he resides. Alternatively, if nothing will be...

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  8. Absolutely lost

    Answered over 1 year ago.

    1. Steven Edward Zlochiver
    2. Emma A. Kremer
    3. Amy L Saunders
    4. Joshua N Robbins
    5. Anthony Rao
    5 lawyer answers

    Russell - Sometimes the Court will attribute (or "impute") income to one of the parties in a support dispute. What might have happened is that, despite your disability status, the judge assumed that your volunteer work meant that you could supplement your SSDI income (which I believe you can do up to a point). Then, perhaps, the judge chose a bigger income figure to factor in to the Child Support Guidelines. Or maybe the judge was just mistaken. You have the option of filing a Motion for...

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  9. "Ignore him, You are exactly where I want you to be and that's in the drivers seat." Quote from law guardian to Mother

    Answered over 1 year ago.

    1. Steven Edward Zlochiver
    2. Emma A. Kremer
    3. Jay Bodzin
    3 lawyer answers

    I will assume that you are referring to a Guardian ad Litem appointed to investigate and, probably, recommend on the issues of custody and visitation. If that is so and there is ongoing litiagation, you can conduct formal discovery to collect evidence that may be admissible in Court or to get infromation that can lead to admissible evidence. You are permitted to depose the Guardian ad Litem, for example. You can subpoena records of the Guardian ad Litem to a deposition (and to court). You can...

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  10. Can I be held in contempt if I don t respond to divorce paper recently served.

    Answered over 1 year ago.

    1. Julie Court Molloy
    2. Steven Edward Zlochiver
    3. Erik Hammarlund
    4. Stephen Andrew Hamer
    4 lawyer answers

    No, you cannot be held in contempt if you don't respond. However, you may want to respond with a formal "Answer" stating what you admit is true on your spouse's Divorce Complaint and stating what you deny is true on that Complaint. You can also include a Counterclaim for Divorce in the same document as your answer and request what you want in the divorce. I think that a brief consultation with a lawyer can help you. Please contact Community Legal Aid in Springfield and ask if they can advise...

    7 lawyers agreed with this answer

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