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Melinda J. Markvan

Melinda Markvan’s Answers

9 total

  • Can i go after the father of my unborn child for help with medical bills if my child is born prematurely and dies?

    he has promised to help me and wrte me a check for $500 TOWARDS the bills back in october but i have over 3,000 in bills at the time and we are not on good terms.

    Melinda’s Answer

    Under the Mass paternity statute, the biological father is responsible for half of the uninsured medical costs associated with the birth for children born out of wedlock. If the father does not agree to reimburse you for half of all other medical bills for the child, you may bring an action seeking child support and medical costs after the child's birth. The judge will make a determination as to the other medical bills. Be sure to have all receipts. Congratulations and good luck!

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  • How much does it cost to file for visitation rights in ma?

    my ex got a restraining order on me

    Melinda’s Answer

    If you know what kind of complaint you want to file, there is a uniform fee schedule issued by the Probate Court listing exactly what it costs. It's called the Probate and Family Court Uniform Fee Schedule. Keep in mind, each complaint is served with a Summons ($5) and there will be a separate fee for having a sheriff or constable serve the documents on the defendant. Good Luck!

    http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/documents/scheduleoffees_color.pdf

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  • Can I file a motion to have my ex submit mental and physical health records to court?

    My ex tried to commit suicide twice in the past. She is very unstable, but Judge does not know her mental health issue. I need to bring it to court so Judge will have a clear idea where is coming from and why she is bringing in non sense issues of...

    Melinda’s Answer

    It sounds like the big issue is you wanting to see your kids, while your ex is making up lies to keep them from you. Unless your are going through a divorce, a modification, or a complaint for contempt has been filed, then you cannot go to court on a motion. The rules of procedure are confusing, so call a family law attorney before filing anything.

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  • Should I get restraining order or start divorce process Or what?

    We've been separated for three months. I see my daughter on weekends. The Mother comes and goes when ever she feels like it. Comes over to where 'im staying now and threatens me to give her more money than I need to. has tried to do damage to my...

    Melinda’s Answer

    The standard for a restraining order can only be proven if you can show that you are in fear of imminent, serious physical harm. However, if you file for divorce, then you you can seek temporary orders setting forth the parenting schedule, amount of child support and exclusive use and occupancy of the your respective residences. Exclusive use and occupancy would prevent either of you from going to the other's home uninvited. The court's order would be enforced by the police if there is ever a incident where she came to your residence without your permission. You would want there to be specific details regarding when/where to exchange the child for visitation. It's admirable that you want to work things out on your own during the separation, but temporary orders would give both of you boundaries until your divorce is final. Good luck!

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  • Ex won't come to settlement, only few issues remanin, he keeps adding things... trying to cripple me financially ? What can I do

    In Jan we set trial date which will break me, he is jobless, reduced support and not paying his portion of childcare in contempt of court orders, has money stashed and will be residing w/ parents when house closes, I live have apt w/ my 6 old son....

    Melinda’s Answer

    • Selected as best answer

    There alternatives to litigation. The two of you could agree to participate in binding arbitration. In arbitration, the arbitrator acts as the judge and makes a final determination of your division of assets & liabilities. Most arbitrators are retired judges, so they are tough, but the setting is more relaxed than being in court. Arbitration is also less costly and more efficient than going to trial. It sounds like you've been separated and have worked out custody, visitation and division of personal property. Try to focus on the end result. Your priority is to unload the house and get divorced. You might be surprised at how much progress you can make by sending your spouse a draft separation agreement. Once you draw the big picture, it's easier for the rest of the pieces to fall into place. You can get divorced and still pursue your contempt issues separately. Good luck!

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  • Can my son take his wife and HER kids from previous relationships off of his health insurance if she moved out?

    They are physically but not legally separated yet. They expect to agree on 90% of the terms of a divorce and to file a joint petition. Marriage is a little over 4 years. One of the kids has his name and he is on birth certificate. She will not ask...

    Melinda’s Answer

    Unless your son and his wife execute the proper documents and his name is removed from the birth certificate, then your son is legally that child's father. At this time, your son's wife and their child have statutory rights to have your son continue to provide their health insurance and possibly child support for the child. A judge may not allow the agreement if your son has health insurance and his wife does not. If she is pushing for alimony, then it will be determined by a percentage of the difference in their incomes and the number of months of the marriage. The length of the marriage is calculated by the number of months from the date of marriage to the date of service of the Summons. Your son should privately consult with an attorney to make a reasonable offer of alimony so that there is agreement on all of the issues and they can file the joint petition. If they cannot agree on all of the issues, then your son should consider filing for divorce and having her served with the Summons sooner rather than later.

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  • I am a defendant in an uncontested divorce and the plaintiff is out of the country. Does he have to appear in court?

    No children or community property involved. His answer was filed before he left and he agreed. No alimony is requested. Will he be in trouble if he doesn't appear in court?

    Melinda’s Answer

    Your spouse may want to hire an attorney in Massachusetts to appear on his behalf and ask the court to waive your spouse's appearance. The attorney will need to present a motion and affidavit, along with your spouse's other signed documents. Good luck!

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  • What's my next step to move my divorce to conclusion?

    My 3-year, no-kids marriage is now in the 4th year of divorce proceedings. My spouse has been uncooperative every step of the way. We both have expert accountants that have done an analysis. The analysis is not TOO far off. There was just one ...

    Melinda’s Answer

    Your ex's attorney has moved on to other matters since your trial, so you or your attorney should call or send a letter to the ex's attorney to get things moving. Failure to do what the ruling has ordered is disobedience of a court order, so you could file a complaint for contempt and seek reimbursement of legal fees and costs if your ex is the responsible party and you are the receiving party. Good luck.

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