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Jeffrey Allan Miller

Jeffrey Miller’s Answers

22 total

  • When can I end child support?

    I have been paying child support for the past 13 years in Massachusetts...she is currently 20 years old ( 1 14 1993) she will be graduataing UMASS DARTMOUTH in the spring of 2014 ..will I be able to cease Child Support at that point? Thanks ...

    Jeffrey’s Answer

    I agree with my colleagues. It is important to note that your child support obligation may not automatically end. You may need to file a complaint for modification to technically end this obligation. That being said.... it may take up to 8 months before you are heard by a judge. The good news is that you may be entitled to "compensation" up to the time that you file the complaint for modification. DO NOT stop paying this obligation if you are unsure, you may be held in contempt.
    Also, on a good note, if you are not entitled to cease the obligation you may be able to have it reduced, the child support guidelines do not necessary apply to children over 18 years of age.
    Why not contact an attorney who offers a free consultation? You can't loose....

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  • Can I file a suit against my child's mother?

    Can I file a suit for child support received for dates between a modification of child support being filed and the termination of the child support? 6 months after the date of modification was filed the child support was terminated. Although the b...

    Jeffrey’s Answer

    It appears that your were the custodial parent. My question is... Was there an existing order in place prior to the Complaint for Modification, if so, then you are entitled to "collect" that money that was not paid to you for the child support, (as this is not a retroactive payment). Maybe a contempt motion.....???
    You may not have gotten a judgment because you may have not filled out the paperwork indicating that you are seeking this. The court can only rule on what you ask it to rule on.
    With regards to the termination of the child support, an attorney would need to actually see and review all of the relevant paperwork leading up to this event. You did not mention if you were married, subsequently divorced with a Separation Agreement in place.
    There are a few questions that a good attorney may need to have answered in order to completely answer your questions. There are many attorneys out there, including myself, who offer a free consult. The attorneys on this site answer to the best of their ability based on the information that you provide. I agree with the answers submitted by my colleagues.
    I wish you the best, and encourage you to contact an attorney on this site for more info.

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  • Can Mass take my license away for being back on child support?

    I am currently unemployed and I owe child support, Massachusetts is threatening to take away my license at the end of the month if I don't come up with the money and I just found on on Monday, a little more then half way through the month. What ca...

    Jeffrey’s Answer

    I agree with the suggestion given by Attorney Rao, to contact your DOR case worker immediately, if you have one.
    You have not mentioned if you were making payments through DOR, or directly to the other parent, or if a court date for a hearing has been set.
    I would also suggest that you seek legal representation given the severity of the consequences for failing to make these child support payments.
    In the future.... if you have a material change in circumstances, regarding your finances, a proper and timely filing of a complaint for modification is required to adjust your payments. Retroactive adjustments are rarely, if ever, granted.

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  • Jailed on Contempt of Court charges due to failure to pay child support, what now?

    A friend was taken into custody at a probate hearing and is now ordered to pay $104,000 before they will release him. The Dept. of Revenue has emancipated him, in writing, but the court didn't accept it due to his divorce decree stating otherwise....

    Jeffrey’s Answer

    Your friend may have the funds available to pay this, if the Court ordered him/her to remain in custody until the full amount is paid. This seems like an unusual sentence. I have seen the Court incarcerate someone up to 60 days. There is always a set amount of time the individual shall remain incarcerated. More facts are needed to better assess his/her options in this situation. Paying child support is not an option in Massachusetts. He should hire a good Family Law attorney to assist him in this matter.

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  • I'm recently divorced and my ex-wife can't refinance our house, so now I can't get a loan to purchase my own house???

    What can I do??

    Jeffrey’s Answer

    My colleges are correct. perhaps you can visit an attorney who will offer a free consultation, in which you should bring all of your paperwork related to the divorce. The attorney should be able to assess your situation and provide you with some alternatives.

    You can also file a Petition to Partition to force the sale of the house. This may take as long as one and a half years to complete, and should be filed in the Land Court. There are many factors to consider when utilizing this option. Please consult an attorney for advice.

    You are not alone. This is becoming more common.

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  • DWI Violation in New Hampshire resident of Massachusetts will it appear on CORI?

    I was convicted of a misdemeanor DWI in NH in 2007 it was reduced to a violation a year after. Will it appear on my CORI check in Massachusetts? Do I have to tell all potential employers that I got it. I read that the first DUI offense in Massa...

    Jeffrey’s Answer

    You have a right to a copy of your CORI. I would suggest you attain a copy yourself and read what is says. Your copy may have more information on it than what your employer can get. It depends on the type of job your looking for. You can find more information about this by visiting this website,

    http://www.mass.gov/eopss/docs/chsb/20080502-cori-regulations-v10.pdf#page=22

    Please keep in mind, that if you were convicted, as you stated, Massachusetts has a law that allows the government to a "lifetime" look back, and any subsequent arrests or convictions will result in more severe penalties.
    Be safe, and always prearrange a ride if you plan on going somewhere to have a few drinks.

    This response shall not be considered legal advice, and does not constitute an attorney/client relationship.

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  • Child support

    my husband and i went to court i file throgh dor child support i mean i had not private lawyer, the welfare present my case to the court and my husband lie to judge that he never worked since eight but judge order 320 doller per month later i foun...

    Jeffrey’s Answer

    Each person must submit a "Financial Form" to the Court in this type proceeding. This form MUST be signed under the pains and penalties of perjury. This means that a person who lies on this form may be subjected to penalties imposed by the Court.

    If you feel that your husband has lied, you can contact the DOR, and explain your suspicions.

    I have a few questions... Are you still married? Did the judge order $320 per month, or per week? DOR will usually orders a weekly payment. How did you come to learn that your husband is making "more than $2,000 in cash", and how long did it take him to make it?

    Contact the Massachusetts Bar Association at
    http://www.massbar.org/for-the-public/need-a-lawyer
    for a reduced fee attorney.
    Some Courts will have a program called "attorney for the day" that can give you some free legal advise and help you fill out forms. Ask the clerk in the probate and family court department.

    I wish you luck.

    This answer shall not be considered legal advice, and does not constitute a lawyer client relationship.

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  • Can I be a surrogate and still have certain rights?

    I'm considering surrogacy, and I have a few questions. Will I be able to be a surrogate if I'm under the age of 18 if my legal guardians agree? Will I be able to choose the parents of the child I'm carrying? Will I be able to still see this child,...

    Jeffrey’s Answer

    I would highly suggest you wait until your at least 18 years old to make this decision. Your perspective may change over time, and making a decision like this, may have long lasting psychological effects even though you are ok with it now. As a surrogate you will be giving up your parental rights, and you should definitely hire an attorney because there is a lot of legal paperwork necessary to achieve the goal you are seeking to accomplish. The attorney should be paid by you, and not the surrogate parents, or your legal guardians, because attorneys are obligated to work for your best interests, and this may complicate matters, as a conflict of interest may arise. I wish you the best!
    This reply does not constitute an attorney client relationship, and you should seek the advice of an attorney.

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  • I am 14 Years old, what do i do now?

    I am a 14 year old girl. When i was 12 we ordered furniture from Aaron's Furniture store. After we called them to pick it up they sent a man. He flirted with me asked for my number and then offered to buy me cigarets. at 11 o'clock that night he r...

    Jeffrey’s Answer

    I agree with attorney Malone. Call the police. He may be a registered sex offender. The police can find this out very easily. You need to be safe. Do not answer any calls from him and don't talk or meet with him, under any circumstances.

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  • What are my rights in concerns to consumer safety?

    I was drinking a pepsi from a can today and I got a piece of "fur" in my mouth. When I shined a flashlight in the opening, I could see a bigger "fur ball" in the can. What can I/ should I do?

    Jeffrey’s Answer

    Save the "fur", and the can to preserve the evidence. You may have a products liability case against Pepsi. I do have to warn you that if you hire an attorney, it can be an expensive case to try. You will have to have the "fur" analyzed to determine what it is, and then the attorney must conduct an investigation to determine when, and how the "fur" got into the can. Pepsi may strike a settlement offer to avoid this going public, however, if it is determined that the claim is false, then you, and the attorney may be liable. I wish you the best.

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