Richard A. Martone’s Answers

Richard A. Martone

Hyannis Personal Injury Lawyer.

Contributor Level 7
  1. What to do about throwing husband out of house?

    Answered over 2 years ago.

    1. Richard A. Martone
    2. Michael T. Cupoli III
    2 lawyer answers

    I am terribly sorry to hear of the abuse you and your children are suffering. You should seek the assistaince of legal counsel and file a complaint for divorce. Contemporabeously with your filing you should also consider seeking a restraining order to prevent him from returning to the home due to the physical abuse that sounds like is ocurring. You should also file a motion for temporary orders at the same time to seek orders of child support, alimony, child visitation, and your...

    5 lawyers agreed with this answer

  2. Will I go to jail for owing 313 in child support

    Answered over 2 years ago.

    1. Kenneth P Doherty
    2. Richard A. Martone
    3. Nicole C. Armstrong
    4. Nicholas Howie
    4 lawyer answers

    If you are suggesting that you owe $313.00 in child support and have had a relatively good history or compliance with Court Orders, I find it unlikely that you will go to fail for such an arrears amount. Nevertheless, it would be prudent to bring with you whatever amount you can affort to pay and also bring supporting documentation to substantiate the reason you fell in arrears in this instance. Likewise, if you are anticipating continued difficulty in paying the ordered support you should...

    5 lawyers agreed with this answer

  3. I fell down slippery stairs at my college, can I sue?

    Answered over 2 years ago.

    1. Richard A. Martone
    2. Christian K. Lassen II
    3. Bruce H Murray
    4. Jacob Adam Regar
    5. Lars A. Lundeen
    5 lawyer answers

    You do have a potential claim for your personal injuries. Again, however, please know that any recovery that could be made for a personal injury claim on your behalf would depend upon the proof that the school was negligent. Also, please know that here may be limitations to the amount that could be sought for your recovery depending on who owns school where you fell. For instance if the school is operated by the Town (ie. your local elementary or secondary school) or the state (ie. State...

    4 lawyers agreed with this answer

  4. Do i need to appear in court to take out a restraining order?

    Answered over 2 years ago.

    1. Nicole C. Armstrong
    2. Richard A. Martone
    2 lawyer answers

    You will need to be present in order to testify as to your need for a restraining as the prior answer correctly documents. Recognizing your fears and concerns, you might consider reaching out to the district and/or probate court clerk's office where you last lived or where the defendant presently lives to see if there is a local battered women's group or other entity that could meet with you or speak with you in advance to review the process and your fears. In fact, some of these non-...

    3 lawyers agreed with this answer

  5. How much would a modification cost in Ma

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Philip W. Mason
    3. Richard A. Martone
    3 lawyer answers

    If your concern is only that the complaint for modification be filed by next week, that is certainly possible. However, please be reminded that the other side will be afforded the opportunity to answer your complaint for modification and will be given 20 days to file the same. From there, the case could proceed with motions for temporary orders, pretrial conferences.....etc. and could even proceed all the way to trial if either party pursues it that far. As a result, if you were hoping...

    3 lawyers agreed with this answer

  6. How hard is a modification to do on a new divorce

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Philip W. Mason
    3. Richard A. Martone
    3 lawyer answers

    Another question I would have for you is whether or not you were divorced by Agreement or whether or not you have a trial wherein the Judge made the final decision and rulings regarding your divorce. If you were divorced by an Agreement you reached with your spouse, it will be critical to review what "issues" you are now seeking to change as you may have a different burden of proof that you need to overcome prior the Court making any such modifications. This would be dictated by how your...

    3 lawyers agreed with this answer

  7. How are the court calculating Alimony now with the new law.

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Ann Frances Breau Karpenski
    3. Richard A. Martone
    3 lawyer answers

    First and foremost, you need to make certain you understand the difference between alimony and child support as they are paid for entirely different reasons and treated differently for tax purposes as well. I would suggest you schedule a meeting with an attorney, if you do not already have one, to review these differences as child support will never be "included" in the alimony payment as your child support obligation is for the support and maintenance of your minor children as opposed to...

    3 lawyers agreed with this answer

  8. My 11 year old step daughter doesn't want to talk to her, mother do i have to make her.

    Answered over 2 years ago.

    1. Nicole C. Armstrong
    2. Kenneth P Doherty
    3. Richard A. Martone
    3 lawyer answers

    Based upon the reference you've made in your posting, namely that "her mom has no legal custody or visitation" that would suggest that you have sole LEGAL and sole PHYSICAL custody of your daughter. If that it is indeed the case, and you need to confirm that is what your judgment states, then any contact you allow or promote between your daughter and her mother is at your discretion. As the previous answer states, it is likely in the best interests of yourself and your child that you try to...

    3 lawyers agreed with this answer

  9. (Mass.) Ex-spouse claims that he never receives the checks I've made through online bank payments to split child-caring costs.

    Answered over 2 years ago.

    1. Donald Lloyd Pitman
    2. Richard A. Martone
    3. Eric Schutzbank
    3 lawyer answers

    It sounds like you made electronic fund transfers (EFT's) directly to your ex and not to any child care provider directly. If that is the case and your ex is denying you paid and/or that he received the same, I would suggest you print your online bank activity to show the exact date and confirmation number of each one of your payments to him. If you would prefer, go ahead and blackout the other transaction so he doesn't see the same, but please do bring evidence of these EFT's to...

    2 lawyers agreed with this answer

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  10. What do i do the police want to take a picture of a table a woman said i stole

    Answered over 2 years ago.

    1. Richard A. Martone
    2. Erin Jordan Harris
    3. Dominic L. Pang
    4. Jorge Luis Rodriguez
    4 lawyer answers

    It sounds like, as the last answer indicated to you, the police are trying to document a case against you. As a result, granting them access to photograph the table is likely not in your best interests. On the other hand, contacting a local criminal attorney to be present with you for any future discussions or meeting you have with the police might be appropriate to best protect your interests. Good luck.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful