My Ex told me to stop paying her the child support. Is this legal?

Only a court of competent jurisdiction can vacate the child support order. If you fail to pay under the existing order you could be setting yourself up for a Contempt charge. If your ex no longer wishes to receive payments from you for the children, she will have to go to the Probate & Family … Continue reading My Ex told me to stop paying her the child support. Is this legal?

How can I get rid of a DV Restraining Order?

In Massachusetts, the process of "vacating" (using the legal term) or modifying a 209A Abuse Prevention Order, i.e a Restraining Order or "RO", depends on a number of factors: (a) which court issued the RO (b) whether you are the victim/complainant or the defendant (c) whether there was an arrest and criminal charges were filed … Continue reading How can I get rid of a DV Restraining Order?

I received a summon for a divorce, but nothing has happened since. What am I supposed to do?

The first thing you have to do is serve and file an Answer to the Complaint.  This should be done within 20 days of service of the summon and complaint.  If the time to answer has passed, you or an attorney can request an extension of time to answer.  failure to answer to the complaint … Continue reading I received a summon for a divorce, but nothing has happened since. What am I supposed to do?

Does a legal separation freeze assets and debts at the time of filing?

The short answer is: NO There are big difference between divorce and "separation". MA does not have a provision for legal separation---only for Separate Support. Which means if you want to stay married but live apart, support orders can be entered which can include child custody and child support as well other provisions. However, the … Continue reading Does a legal separation freeze assets and debts at the time of filing?

My husband has lied three consecutive times on his financial. What can I do about the under-reporting of income and assets?

Spouses that lie or under-report income are not uncommon in Divorce and Child Support proceedings. You have to bring whatever evidence you have of the under-reporting to the court's attention. You should file a motion for further financial disclosure, which opens the door for a discussion of his finances in court. You can also use … Continue reading My husband has lied three consecutive times on his financial. What can I do about the under-reporting of income and assets?

As part of divorce, I agreed to pay half of college costs for kids. However, last year I declared bankruptcy Am I at all protected?

Your legal remedy is go file a Complaint for Modification of the Divorce Agreement immediately. Only the court can determine if you are absolved of this legal/contractual responsibility due to the bankruptcy.  However, you should know  that when filing a Chapter 7 or 13 bankruptcy petition, an automatic stay provided by Bankruptcy Code section 362(a) … Continue reading As part of divorce, I agreed to pay half of college costs for kids. However, last year I declared bankruptcy Am I at all protected?

What are the steps to gain full custody of my daughter?

"Custody", as used in a domestic relations context, is made up of two parts: Legal and physical. Where a child is born to a married couple, both parents have a natural right to both physical and legal custody. These legal parental rights can only be altered by judicial intervention, when the parents legally separate or choose … Continue reading What are the steps to gain full custody of my daughter?

If I get custody, can I stop paying child support?

Generally, "custody" can be obtain in one of two ways: (a) you are an unwed parent and wish to establish a recognition by the state that you are the lawful parent and custodian of a child.  Most often this arises when an UNWED mother needs to establish legal custody (and paternity) in order to secure … Continue reading If I get custody, can I stop paying child support?

Am I required to show my ex itemized receipts on how I spend child support funds?

There is no requirement that the custodial parent show proof of how the funds given as child support are spent. If there is a question of the care and welfare of the children, the plaintiff (whoever files the allegations) has to prove by a preponderance of evidence abuse, neglect or mistreatment. Even then, it will still … Continue reading Am I required to show my ex itemized receipts on how I spend child support funds?