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My ex and I just finished a three year custody battle in May. The judge issued a new order... "The parenting scheudle will be a four week repeating cycle. Week 1. The father has the child Wednesday from three to Thursday at 9am. Friday at three ...
I agree with Attorney Callahan, but would be a little more hesitant to file a complaint for contempt. Although it's the correct thing to do in your situation, after 3 years in Probate Court, I'm sure it's the last thing you want to do. I would try another approach first: You could try to contact the Judge's clerk or Assistant Case Manager in hopes of obtaining a verbal confirmation of your position. You could then approach your ex, explain that you've contacted attorneys who support your position (and that the Court supports your position, assuming you get an answer), that you were advised to file a complaint for contempt but would prefer not to. If she still doesn't agree, you could draft the complaint (forms are online), clearly set forth the Judgment and why your position is the correct one, and show it to her before you file it in hopes that she will concede. While this may be overly optimistic, I would just keep in mind that the Court should be your last resort (though it may be necessary in the end).See question
Been married for 28 years,3 kids (27,20,15 all at home )husband asked for divorce yesterday but it's the 3rd time . My problem is that I'm not working.stopped working because of health issues but I'm not home watching tv either .i need to know wha...
As a practical matter, now may be the best time for you to gather financial information that may be more difficult for you to obtain in the event of a separation. It would make sense for you to make copies of bank statements, credit card statements, investment and retirement account statements, and the like. This is especially important if you are not the one who handles the finances. The court will require both spouses to make full disclosure, but it makes sense to have an idea of your financial situation when facing a divorce. You should also take advantage of a free consultation offered by many attorneys who handle divorces. Clients often feel better once they understand their options, and how the process works.See question
My Ex and I broke up She has a 2 year old that I have helped raise as is she was my own child since she was a month old. She calls me Daddy and the Bio father wants nothing to do with her since she was in the womb I wanted to know if I could get ...
The Probate and Family Court has the authority to order visitation in certain circumstances other than in the context of a "traditional" family. The courts have recognized that a child may be a member of a nontraditional family in which he is parented by a legal parent and a de facto parent. A de facto parent is one who has no biological relation to the child, but has participated in the child's life as a member of the child's family. The de facto parent lives with the child and, with the permission and encouragement of the legal parent, performs a share of caretaking functions at least as great as the legal parent. The de facto parent shapes the child's daily routine, addresses his developmental needs, disciplines the child, provides for his education and medical care, and serves as a moral guide. The de facto parent fulfils this role "for reasons primarily other than financial compensation." If you believe you have been a de facto parent -- and it sounds as though you have been -- you should petition the Probate Court for visitation. You may want to start, however, by discussing the situation with your ex, and attempting to work out some sort of visitation schedule informally.See question
I have been married for 6 years with a 3 year minor child. We own a marital home. I want to file divorce by my own and separate with the husband ASAP as each day spending with him is painful. As I am the main caregiver of my child, can I move out ...
In terms of what is better for your child (stability) and your ability to keep the marital home after the divorce, it would be better for you and your child to remain in the house. You could try asking him to leave, even if temporarily, to help relieve some of the tension between you. Absent his agreement, you are free to move out without any court order. I would suggest, however, that you file for divorce right away and ask the court to enter temporary orders of custody and support (child support would presumably cover a portion of the day care fee). The orders would be temporary until such time as the divorce is final. You can ask that he be ordered to vacate the home, but a judge would be reluctant to enter such order unless there's an issue of domestic violence. It's a good idea to set up a free consultation with an attorney so you have a better idea of your rights and options, even if you end up filing on your own. Many people feel some sense of relief after learning what may lie ahead, especially when children are involved.See question
I am in the process of doing an online divorce. I have two children ages 18 and 10. It's quite obvious that the older child is not going to College. At what age am I no longer obligated to pay child support?
The court may order child support for a child who has reached age 18, but not 21, who is domiciled in a home of a parent, and is principally dependent upon that parent for maintenance. If your older child still lives with your ex and is dependent upon your ex for support, your obligation for that child would end when he/she reaches age 21. Further, the court may order support for a child who has reached age 21, but not 23, if the child is domiciled in the home of a parent, and is principally dependent upon that parent for maintenance due to being enrolled in (undergraduate) college.See question
I was awarded SSDI benefits a year ago and I'm still paying child support that would be reduced (eliminated) if the child's mother would file for SSDI dependency benefits. I would file myself but I was told that the custodial parent has to apply. ...
Under the Rosenberg case, SSDI benefits would be added to your gross income, and then you'd be entitled to a dollar-for-dollar reduction of your support obligation based on the amount of the benefit. I would file a complaint for modification if the SSDI benefits began after the child support order/judgment entered.See question
Defendant was served, and answered asking for postponement, but chose to never show for any of the court dates.
If the defendant is located in NY, you'll have to file a suit on a judgment in the county where the defendant is. This is the mechanism to enforce the MA judgment. Practically speaking, you may need to find a NY lawyer to handle it for you. It would be a relatively simple process to handle yourself, but the distance may prove difficult.See question
It is the only asset I have. I need to have it to continue to look for work and attend to my daughter should she experience psychosis. I have had to go to her school in the middle of the night.
You'll be entitled to a hearing in Court - this is the "examination," during which the creditor's lawyer will ask you questions about your income, assets and liabilities in order to determine the amount you can afford to pay toward the debt. Many times the creditor's attorney will speak with you just before the hearing to ask you these questions informally, and will often enter into an agreement with you to pay a certain amount per month, depending upon what you can afford. If you cannot afford to pay anything at this point - which sounds like it may be the case - you shouldn't agree to pay anything, and should explain your situation to the creditor's lawyer, who just may agree with you and continue the hearing for several months. If the creditor's lawyer persists, then explain your situation to the Judge. It is possible that the Judge will find that you have no present ability to pay this debt and will not order you to make payments at this time. I would not worry about anyone taking your car.
I suggest that you be careful not to make any agreement that you don't believe you can abide by, regardless of how good your intentions are. And, if you do make an agreement for monthly payments and find yourself having a bad month, keep in touch with the creditor's lawyer to let the lawyer know your situation. I've handled many collection actions, and always appreciate when a debtor is responsive, even if it's just to say he needs a break during a certain month, or his payment will be late.
I suggest speaking with a bankruptcy attorney about your options. Depending upon the type of debt you're referring to, and the amount of overall debt you have, you may want to consider taking action to discharge the debt, or make a deal with your creditors to reduce the debt (some companies will write off a portion of the debt, though this negatively impacts your credit score), or at least get the creditors off your back until you can get back on your feet. Good luck!See question
I have our son fulltime. He does pay support but very little. Takes our son every other weekend and know more then that. His father wants to alternate claiming our son every other year. will the judge grant that even if I disagree?
It's common in situations like yours for the Judge to order that you alternate tax years, or where there is more than one child, allocate one child to each parent. The Judge will look at the totality of the circumstances in determining an equitable arrangement.See question
other parent has visitation on alternating weekends only
First you should check the Order or Judgment granting custody to see if this is addressed. It is doubtful that this restriction would exist in your Judgment absent some reasonable concerns by the other parent of any intentions by you to permanently remove your child from the Country which were addressed by the Judge or by agreement. Check with the airline to see if it requires a notarized assent from the other parent in the event of a child traveling with just one parent.See question