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Donald Lloyd Pitman
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Donald Pitman’s Answers

59 total


  • Can I file divorce and temp orders via a lawyer then use a mediator to work through the details?

    I would like to file for divorce and temporary orders with the help of a lawyer. Then I was wondering if, with the advice of my lawyer, attend mediation to try and work things amicably out of court? My main concern is child custody and visitation ...

    Donald’s Answer

    Yes. However you and the attorney have to properly set out what you are doing and who is responsible for what under the rules of profession conduct. Be sure to select an attorney who understands what you want but there are many who can assist you.

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  • How do I request to hear several contempt charges during the same hearing in lieu of separately?

    Will be submitting 3-4 unrelated in subject matter contempt's via pro se. I would like to request that the judge hear all contempt's during the same hearing. What is this process/request called?

    Donald’s Answer

    Simply file the complaint listing the sections of your agreement or judgment that you believe the other side has violated and then list the violations underneath along with the dates the judgment or order was violated. The form isn't meant to be the only thing you can file and you can always use separate sheets of paper to define what you are supposed to do. If you need assistance, an attorney from avvo.com can easily help.

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  • Good Morning. I am going through a divorce. My husband and I have agreed on almost all issues except one. Can we sign a partiall

    Good Morning. I am going through a divorce. My husband and I have agreed on almost all issues except one (credit card bill). Can we sign a partially agreed on separation agreement? I just don't want him to change his mind regarding already agreed ...

    Donald’s Answer

    While I agree with the other answers here, some judges will not accept a partial agreement. They will, however, try to work with you to resolve the entire case and will only then accept a partial stipulation if you are the brink of trial. You should definitely contact an attorney to assist you.

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  • Child support Alimony

    My husband he works As a su chef , and they paid him 800$ in check and half cash and now he is telling my friends that will never give me anything no alimony no child support because he will stay at home without job , I'm wondering if the judge he...

    Donald’s Answer

    In this instance he will Likely be required to pay support based on his total income, whether he works or not so long as the termination of his job is voluntary and there are other jobs available to him at that particular salary. You should contact an attorney to assist you in this matter.

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  • Does a civil contempt need a copy of the order attached for service?

    I have been served with a contempt by my ex-wife. It does not have a copy of the order attached. I was under the impression from the clerk when I filed a contempt in the past that the order that the plaintiff is alleging has been violated needs to...

    Donald’s Answer

    As long as the complaint for contempt lists the date of the order or judgment you are accused of violating and the specific language that you allegedly violated, the actual order doesn't have to be attached. However, it has to be specific and if not written properly, it can be dismissed on that basis.

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  • Filed contempt paperwork against my ex a few months back for non-payment of child support. He is $7,000 behind, and holds a job.

    He was found guilty, and begged me to keep him out of jail, and that he would pay. The judge ordered he pay $400 by the 2nd of October, and $200 a week until the next hearing date (Nov. 3rd). His purge on the court documents to keep him out of jai...

    Donald’s Answer

    in all likelihood, the judge will order him to be incarcerated. Simply show up and let the court do what they are going to do. Good luck!

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  • Can I get a visitation schedule in place if there isn't one in our divorce agreement?

    Divorce agreement was in NY, neither of us live there anymore. Joint legal custody of both children, my ex has physical custody of one child and lives in MA so MA has jurisdiction. I live in IN. He is refusing to allow her to come to Indiana. I'm...

    Donald’s Answer

    You need to file to domesticate the judgment in Massachusetts and then seek a parenting schedule from there. I would definitely contact an attorney to assist you - when we have done this in the past it has required at least two court appearances to set up a temporary order and a judgment, but that depends where your ex-spouse lives.

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  • My child does not want to go on his visitation do i have to make him go

    mother has moved 7 times in the last 3 years has had 8 boyfriends and has been homeless twice. She bounces from place to place for her visitations and he does not have much to do when with her. He has not gone numerous times when she has said fin...

    Donald’s Answer

    You should seek court assistance in this matter to alter the parenting plan. This is a complicated situation and talking to an attorney who practices in your area and in that court regularly will be invaluable to you. Without knowing more, such as the age of the child, how long they will be away and what has happened it would hard to give a generic answer.

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  • Do I have to pay for extra curricular costs when she sends receipts 8 months later?

    I have a child support order from 2009 that was suppose to be dismissed when my ex and I got back together in 2011 but because of the court document only having 1 docket # on it instead of the 2 that we had, she was able to go back to DOR last yea...

    Donald’s Answer

    it is likely that you would not be found in contempt for refusing to pay the expenses (this is based on many factors and depends on who your judge is; I practice in the Essex Probate & Family Court frequently and that would likely be a prevailing opinion). However, I would agree with the prior posting that mentioned if your child received a benefit from these expenses you should consider paying your share of the full eight months unless the amount is onerous. In any event, you would likely have as much time as you need to pay the full eight months back; I would suggest you pay the expenses incurred within 30 days in the 14 day time frame, and keep your receipts.

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  • In Massachusetts, how long is a temporary order legal/good for? How long does it last? The order was made in April 2015

    I'm in MA the order says a lot of stipulations I disagree with now. We go back to court in December 2015

    Donald’s Answer

    The short answer is that I agree with the prior postings. The order remains in effect until there is a subsequent order or a subsequent judgment to modify it. However, if there has been a change of circumstances versus a change of opinion (something has happened instead of you now don't like it), you can ask the Court to revise the order. You should definitely contact an attorney to get an additional opinion on what to do and how to help you modify the order.

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