When you’re ready to take your life back, don’t settle for nice.

In both New Hampshire (NH) and Massachusetts (MA), the courts typically encourage the involvement of both parents in a child's life, even after a divorce or separation. If you have physical custody of your children, it's essential to consider the best interests of the...

My ex and I just went through a bitter divorce.  Now she has a new boyfriend (the cause of the breakup) and wants him to be part of the childrens' Christmas, other holidays and vacation. I am very angry but do not want to taint my children against their mom.  I could...

Q: Visiting parent who hasn’t kept up with custody, what happens? Does he or she lose rights?  Normally and then in today’s COVID days? A parent who is awarded parenting time has the choice to exercise his/her time.  If he or she does not exercise awarded time, she is...

Is it contempt if one parent does not pick up children on assigned day It is not necessarily a “contempt” if a parent does not exercise parenting time.  However, if the parent does not present for parenting time and it costs the other parent financially (ie time off...

Q.  In MA Is child support based on 2nd income? In MA, child support is based upon the income of the parties.  “Income is defined as gross income from whatever source, regardless of whether that income is recognized by the Internal Revenue Code or reported to the...

Q. Is parent required to pay child support before being ordered by court to do so? If so, how do we determined the amount? Every parent should provide financially for his or her child.   Therefore, yes, a parent should support a child even if not ordered to do so by...

Q: Parent doesn’t arrive at pickup location on time.  Do I have to give child to her? This is very fact dependent.  But my advice is always to take a reasonable approach.  If a parent is scheduled to begin parenting time at 3PM and shows up at 3:30PM, you should...

As with many aspects of parenting cases, the answer is in the facts.  The amount of time varies drastically from case to case.  I’ve seen divorces that take exactly one month to complete and others that have taken as much as several years.  If you can...

Q: why didn't Cosby have to go to jail after he was found guilty A: When a person is found guilty through the trial process, the next step is for the government to move for sentencing.   Within that request, the government is always free to ask that the Court revoke...

My ex is refusing to include my new spouse in our communications about our kids. Can I legally obligate her to include my new spouse?  It seems like this would be simple and would be good for our kids, but she won’t do it. Answer: I absolutely understand the...

Q: I have a 18 year old daughter I was never married to her mother there has never been a court issued for me to pay any kind of support I have not been in this child life at anytime do to her mother not wanting me to but now that she is 18 can the mother turn me in...

Q: if the child's father has visitation but his wife shows up do I have to give my child to the wife even if the order is between me and her father? A: Hi, and thank you for your question. Parents often send a relative to retrieve the child for parenting time. We all...

Q: I felt as if the judge had no care or knowledge about our case. She ordered a drug test and with her words said we're "both pointing the finger" though in my papers I never said anything about him having substance abuse. She didn't give me the chance to talk really...

My husband and I been talking about divorce for years.  He said he's going to keep me from divorcing him and going to have the kids say I am crazy and can't live alone.  Can he do that?   Nobody can force you to stay married.  The Court will grant you a divorce even...

Q: My wife is getting calls without no number and we can't trace it.  The police won’t do nothing.  Can’t a lawyer do something? Can I get a private investigator to  find out and sue them for harassment? A: Phone calls can be difficult because of the technology that...

Q. Can I sue someone for adultery? I thought I read somewhere that if she keeps doing it, I can sue for it.  Help please. A. In NH, you can file for divorce on the ground of adultery.  If you can show that there was “intercourse,” you may seek additional assets or...

 My husband has been having an affair for over 3 years.  He stops but the woman won’t stop contacting him.  Can I have her arrested under http://www.mass.gov/legis/laws/mgl/272-14.htm? No, adultery is no longer a criminal action in NH. It is rarely prosecuted in MA. ...

Does my second job count towards child support? Maybe.  If you have a second job at the time that the initial child support order is made, then the job often will count as income when calculating child support.  The Court has to consider whether part time or overtime...

Attorneys are bound by a set of ethical rules that limit the communications that can take place with a person who is represented by an attorney. The thought here is that if a person has an attorney, that would be the one in the best position to speak on their behalf....

My daughter is 16 and thinks she owns the world. She wants to be emancipated but said a lawyer told her she can still live with us and do what she wants. WTH? Tell me that’s not true? Emancipation is a process by which your daughter asks the Court to deem her legally...

I have been falsely accused of domestic abuse by my wife. I never laid a hand on her but now I can’t get near our home. Can I fight this? Absolutely. Domestic matters are very difficult because they often involve a “He said/She Said” type situation. Often, there is no...

Can I ask for an accounting of how support is spent or dictate how support is spent? No.  The support is paid to the other parent and used as that party sees fit.  Often I hear that “none of that money goes to my kids” and indeed, that may be the case.  Remember that...

Can I pay support directly to my children instead of to the other parent? No.  Even when children are older (ie college age), support is always paid to the other parent and not directly to the children.  That parent is then responsible to assist the child financially...

I have a child with disabilities.  He turns 18 this month and his daddy won’t have to pay child support for him anymore.  But he can’t work and he can’t take care of himself.  What can I do?  I can’t take care of him all by myself.   In Massachusetts, the Child...

Can I have the court put a freeze on my husbands money while we are in divorce? If not, he will spend it all on his new girlfriend. Upon service of the divorce complaint/petition there is a “financial restraining order” that goes into effect preventing each of the...

QUESTION: My Ex and I agree that I would give him cash for the child support.  I have been doing that for 3 years now.  Some of them are done with cash and some through my paypal account.  I have paid every one of these on time!  Now he says he will take me to court...

My husband wants to “leave the lawyers out of this.”  Can we divorce without lawyers? In some circumstances, it is perfectly acceptable to divorce without a lawyer.  In others, it is a very bad idea.  The answer to this question depends on your case and the issues at...

What is a homestead? A homestead is a document that is signed by the homeowner and recorded at the Registry of Deeds. After it is recorded, it protects the equity in your home up to $500,000.00. This document should be filed after you take title (buy) the property. A...