Anton R. Reinert’s Answers

Anton R. Reinert

Wellesley Divorce / Separation Lawyer.

Contributor Level 13
  1. If I am not a citizen, but my husband is, do I have rights to my children if we divorce ?

    Answered 4 months ago.

    1. Anton R. Reinert
    2. Catherine Taylor
    3. Melissa Anne Levine-Piro
    4. Alan J Pransky
    5. Richard B. Kell
    6. ···
    9 attorney answers

    I am sorry to hear about this situation. Even if you are not a citizen, the Probate and Family Court can grant you rights with regard to your children and the marital estate. If you are an abused spouse, you may also petition to get a permanent resident status through the United States Government. You should consult with a qualified family law attorney to provide you further guidance. Good luck.

    10 lawyers agreed with this answer

  2. Why doesn't my divorce decree have that i requested to go back to my maiden name

    Answered 3 months ago.

    1. Anton R. Reinert
    2. Anjali Gupta Stevenson
    3. Catherine Taylor
    4. Emma A. Kremer
    5. Henry Lebensbaum
    5 attorney answers

    I am sorry to hear that you are dealing with this issue. It most probably is an administrative error. The judgment of divorce nisi should include permission for you to resume use of your maiden name. You should file an assented-to motion to amend the judgment of divorce nisi to include permission to use your maiden name. Good luck.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. My son's father disappeared 5 years ago. Someone said my son could collect off his social security. Is that possible?

    Answered 4 months ago.

    1. Anton R. Reinert
    2. Howard M Lewis
    3. Clifford Michael Farrell
    4. Lawrence John Gibney Jr.
    4 attorney answers

    I am sorry to hear about this situation. In addition to seeking an attachment of the Social Security income, you should contact the Massachusetts Department of Revenue - Child Support Enforcement Division. They will have access to non-public databases to helpfully track him down. Good luck.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. When a parent responsible for paying child support starts a new job is it their responsibility to send in payments?

    Answered 3 months ago.

    1. Anton R. Reinert
    2. Catherine Taylor
    3. Melissa Anne Levine-Piro
    4. Anthony Rao
    5. Henry Lebensbaum
    5 attorney answers

    I am sorry to hear that you are facing this unpleasant situation. The payor of child support is responsible for you receiving all child support payments. They can send documentation to DOR - Child Support Enforcement proving that they made interim payments. The payor can be subject to a contempt action for failure to pay and the payor may have to pay your attorney fees incurred for a contempt action. You should speak with a qualified family law attorney to assess your options.

    9 lawyers agreed with this answer

  5. Can husband slow down divorce if I am pregnant with another man child in Massachusetts?

    Answered 4 months ago.

    1. Anton R. Reinert
    2. Leila Judith Wons
    3. Howard M Lewis
    4. Christopher W. Vaughn-Martel
    5. Joseph Roche
    5 attorney answers

    The fastest way to speed up your divorce is if the case can be settled and presented for an uncontested hearing. Most cases settle at or before the pre-trial conference, wherein a judge will give guidance for settling the case. The pre-trial conference cannot occur until six months have elapsed from the date of filing the divorce action. Accordingly, it makes to sense to request the pre-trial conference for the earliest possible date. On the other hand, either party has a constitutional...

    9 lawyers agreed with this answer

  6. Will the court order child support returned for the date I filed the modification to emancipate if I win?

    Answered 5 months ago.

    1. Anton R. Reinert
    2. Karen M. Buckley
    3. Melissa Anne Levine-Piro
    4. Henry Lebensbaum
    4 attorney answers

    I am sorry to hear about the frustration in waiting for court. Child support adjustments can be made retroactive to the date of service of the complaint for modification. It is not mandatory, but it is standard. You should speak with a qualified family law attorney to provide you with proper guidance so that you do not make any procedural missteps.

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  7. Can one parent refuse to allow an ex's relative to do a pick up of a child in a joint custody arrangement ?

    Answered 2 months ago.

    1. Anton R. Reinert
    2. Jo Ann Citron
    3. Howard M Lewis
    4. Catherine Taylor
    4 attorney answers

    I am sorry to hear that you are dealing with this difficult issue. It sounds like your ex is trying to be difficult. If there is no order preventing your mother from picking up your child and no safety concerns, then there should be no problem with your mother occasionally picking up the child. You should tell your ex that it is much simpler to have an agreement rather than face a modification action in court to address this issue. Good luck.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. What criteria do courts use when determining what school district a child will attend ?

    Answered 3 months ago.

    1. Anton R. Reinert
    2. Jo Ann Citron
    3. Philip W. Mason
    4. Kara J. Carey
    4 attorney answers

    You are correct the number of factors that are considered by the courts. There is no bright line test as far as the court is concerned. if the two of you cannot agree, you will likely need to file a modification action. It will be helpful to consult with a qualified family law attorney to guide you. Another helpful website is schooldigger.com that rates schools not only by district but also within school districts. Good luck.

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  9. Is watching pornography on line a legals grounds for divorce

    Answered about 1 month ago.

    1. Emma A. Kremer
    2. Anton R. Reinert
    3. Anjali Gupta Stevenson
    4. Steven Edward Zlochiver
    5. Henry Lebensbaum
    6. ···
    6 attorney answers

    I am sorry to hear that you are dealing with this unfortunate situation. Viewing pornography is not a ground for divorce in Massachusetts. However, you do not need any reason aside from irretrievable breakdown of the marriage to obtain a divorce. You should consult with a qualified family law attorney to explore your options. Good luck.

    7 lawyers agreed with this answer

  10. Am I req'd to grant visitation rights to my husband? We are in separate states and he has filed a petition for visitation.

    Answered about 1 month ago.

    1. Anton R. Reinert
    2. Howard M Lewis
    3. Catherine Taylor
    4. Robert Winford Carpenter
    4 attorney answers

    If your child has lived in Massachusetts for two years, then Massachusetts has jurisdiction for custody and parenting time issues. Ordinarily judges will be proactive in ensuring that a non-custodial parent will have parenting time. The amount and nature of parenting time will depend on the facts of each situation. You should get advice from a qualified family law attorney to give you further guidance. Good luck.

    7 lawyers agreed with this answer