After looking up details of my online bank account, some of my child support payments were returned to me after 90 days, because they were not cashed by my ex wife. Am I responsible to repay any of these payments?
If there is a court order for you to pay child support, you must pay it until there is a court order terminating your obligation. Although you cannot control whether your ex-wife cashes the checks, your obligation to pay does not "expire". In the event your ex files a contempt alleging you are in arrears of your child support payments, you best defense is the documented proof from the bank confirming that the checks were issued but not cashed. One possibility is that your ex closed the account in which you are depositing the checks or there may be some other legitimate reason she is not receiving the payments. It may be worth asking her in writing (email, text message, letter)why she is not cashing the checks and see if she responds. Either way, you should make note of her response or lack thereof. Good luck.See question
Amicable divorce with no lawyers. She is now talking about getting MORE alimony and possible money that she thinks I owe her cause our home was sold as a short sale. But it was HER that left me on Dec 27 2009. I am doing great now and just bo...
Her ability to seek and receive more alimony really depends on the terms of any divorce agreement you and she signed. the length of marriage and whether the alimony reform act, which came into effect after your divorce (March 1, 2012), will impact the analysis. You should consult with an experienced family law attorney, who will review the divorce agreement and divorce judgment to advise you on whether she will be successful in seeking more alimony and whether the short sale issue is relevant at this time.See question
The divorce is uncontested with joint custody of children agreed upon and 50/50 split of all assets and debt.
Unless there is a safety issue or some other relevant issue that could be construed as endangering the children, then a judge will generally not dictate with whom a parent may choose for cohabitation after the divorce. There are many factors that can be considered, so if you want a clearer, more specific analysis of your situation, you should consult with an attorney regarding this issue.See question
My husband hit me last September and hasn't return home since. He is the sole provider. He is giving me a hard time with getting groceries, medicine (i am a diabetic ), and even giving me money for therapy. I was in therapy prior to all this i wen...
The family court often has volunteer lawyers who can provide legal assistance with filling out forms and court documents. You should telephone the clerk of the probate court - if you live in Brockton, that would be the family court located at 215 Main Street, Brockton, MA -- and confirm that an attorney has been scheduled for the day you want to go to file court documents in order to obtain a court order for support. A complaint for separate support or complaint divorce are two options, along with a motion for alimony. Be sure to fill out the form to waive the filing fees. Your goal is to obtain a court date as soon as possible in order to request support payments be paid by your husband. Thereafter, if your husband fails to pay the court ordered support, he can be found in contempt and have sanctions against him for failure to comply. Good luck.See question
I started filling for a divorce in MA on my own about a year ago. I misplaced the paperwork the process cost money and time off of work which i could not afford to do all over again. We have been separated for about two years now. There was no rus...
The short answer is "yes" unless the court dismissed your complaint for divorce due to lack of activity. Therefore, check with the clerk at the probate and family court in which you filed for divorce to make sure your case was not dismissed for any reason and to confirm that it is still active. The clerk will tell you what, if any, action you may need to take. Good luck.See question
My ex wife and I have shared, joint legal and physical custody, with 50% of the time with me and vice versa with her mom. Because I have the hire grossing income I have to provide child support. She has filed bankruptcy, had her car repossessed tw...
You can request this information, however, the mother is not obligated to provide you voluntarily with details. In general, child support is used to pay direct child-related expenses, such as clothing, out-of-pocket expenses and activities, AND also a portion covers the overhead living expenses, such as rent/mortgage, utilities, food and other incidentals for maintaining a home and environment for the child. If you believe there is more to this issue than this forum can address, you should consult with an experienced family law attorney to review the custody/child support terms and finances in order to provide you with specific advice regarding your situation and how best to proceed.See question
this paying parent has not meet his court ordered agreement in all most a year, has not worked consistently during this time period and now wants to amend his agreement because of lack of work. the other parent has full custody of child.
In general, either the parent who pays child support or the parent who receives child support may request a modification of the child support amount if the calculation of the child support amount, per the Child Support Guideline Worksheet, is different than the amount of child support currently being paid. If you are unsure about your specific situation or believe you have unique wording on your child support judgment, then you should consult an attorney. Good luck.See question
My sons farther currently has a temporary court order for the second time granting him supervised visitations and to pay child support which he has not in 6 weeks. The first time he didn't use the visits and dropped the court case,but for the past...
Custody and parenting issues are very complex areas of family law and are fact driven. Furthermore, family law judges are given a tremendous amount of discretion to consider the facts, credibility of the witnesses and opinions/observations of professionals involved. The age of the child can be a significant factor in the type and frequency of parenting time allowed. Your question really cannot be answered in this forum and quite frankly, it would be inappropriate to do so. If you are seeking legal advice, you should consult in person with an experienced family law attorney with knowledge about custody/parenting actions and knowledge of the family court judge assigned to your case. Good luck.See question
Curious if you sign over your rights to the baby what happens
It depends on what you mean by "sign over your rights". If you give sole legal and physical custody to the other parent, as part of a paternity or divorce case, you are still be obligated to pay child support until the child is emancipated. If you surrender your child for the purposes of adoption, (Massachusetts G.L. c. 210) you must sign a form in the presence of a notary and two witnesses, that authorizes the voluntary and unconditional surrender of the child to the care and custody of an adoption agency or other individual. However, until the adoption occurs, you could be obligated to pay support. You may be able to have language in the document that you are not obligated to pay support; however, it depends on many factors. You should consult with an experienced attorney before you sign any document to make sure your rights are protected and your obligation to pay child support is understood. Good luck
The form further provides that the parent, by signing the form, waives his or her right to “notice of any legal proceeding affecting the custody, guardianship, adoption or other disposition of [the] child.” M.G.L. c. 210, § 2. No colloquy must be conducted with the parent by any court to determine if the waiver was voluntary, knowing and intelligent.See question