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How do I manage my anger during the holidays?

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...

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Appeal after Self Representing

Can I appeal if I represented myself in the original case? Yes you can...but you shouldn't.  Appeals are complex.  It's very unlike what you experienced in your trial case.  Appeals are all about the procedures which means there are filing rules that the courts will...

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Visiting Parent Hasn’t Kept Up With Custody

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...

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Is It Contempt?

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...

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Can Child Support Get Money from A Second Job?

If I Get a Second Job or Have Additional Income, Will Child Support Be Changed to Include It? In Massachusetts, the court determines whether to consider income from a second job after examining the history of the income (for how long it has been received, whether it...

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In MA Is child support based on 2nd income?

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...

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Parent doesn’t arrive at pickup location on time

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...

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Court Closure Questions

We finally agreed on terms for modification of our parenting plan.  Where the court is now closed, does this mean that we can’t sign an agreement and submit it for approval? Answer: If you are working toward a resolution of a case, always keep trying!   If you can...

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How long will it take to get divorced in NH?

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...

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Is Mediation a Waste of Time for Us?

In NH, the court suggested mediation in our case. My husband is so inflexible and I’m worried we will never agree on anything.   Isn’t this just a waste of time? In my opinion, mediation is rarely a waste of time.  Mediation brings parties to agreement on many issues...

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Is a deeded home a divisible asset in divorce?

Q:  My mom deeded her home to me for $1.  We figured that when she passed away, the home already being in my name would make things easier.  Is her home a divisible asset if I divorce A: Here, I’d want to know a little bit more about the transaction and the property...

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Why Didn’t Cosby Go To Jail?

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...

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Inherited Property in Division of Assets

Q: Can an inherited property be brought to the table in the division of assets in the state of Massachusetts? A: Inherited property questions, as many, are decided when looking at the facts and circumstances surrounding the property, the inheritance and the status of...

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What happens at a Divorce Pre-trial Conference?

Q: What happens at a divorce pre-trial conference? A:  Hi and thank you for your question! When a court assigns the case for pre-trial conference, the notice includes a mandate for a four way conference to take place with parties and their respective attorneys.  This...

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Do I Have to Pay for Child’s College?

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...

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Can I Live in Studio Apt with 11 Year Old

Q:  Can I live in a studio apartment in Massachusetts and have my 11 year old stay with me? Like most issues in Family Law, the answer to this question depends heavily on the facts.  It would involve an analysis of the age, sex and experience of the child; the...

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Fee Waiver Question

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...

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Am i allowed to cancell his request?

My ex text me tuesday saying he wont be able to pick up for visitation friday and said to have her ready sat and he will.pick her up than. Am i able to deny and cancel his visitation? I had to call out of work resulting in a write up becuse i didnt have a babysitter...

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Can I sue someone for adultery?

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...

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My husband has been having an affair for over 3 years

 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. ...

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Does my second job count towards child support?

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...

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Can My Childs Dad Go To NH Court for Physical Custody?

Question: I am moving to NH can my childs dad go to NH court and try and get 50 physical custody? He has shared legal right now. Answer: If you have an order, it might address this issue. Look within it to see if it talks about either party moving his or her residence...

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My daughter is 16 and thinks she owns the world

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...

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Falsely Accused of Domestic Abuse – Can it Be Fought?

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...

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I am in middle of a divorce. We agreed on everything but now my wife decided she wants more for the house and we can’t sell it for the amount we agreed upon. She says it’s worth a lot more than I think it’s worth. What are my options?

I am in middle of a divorce.  We agreed on everything but now my wife decided she wants more for the house and we can’t sell it for the amount we agreed upon.  She says it’s worth a lot more than I think it’s worth.  What are my options?   How did you obtain the...

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Child With Disabilities and no Support

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...

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How to Prove Child Support Payments! Help!

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...

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Divorce Without A Lawyer – Can We?

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...

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Can I lose my inheritance to child support?

Can I lose my inheritance to child support? The question you are asking can also be stated as:  Can the Court award child support based on the money I received in an inheritance? Child support is based on income. It is not based on gifts or inheritances.  For example,...

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Can my husband force me to sell our marital home?

This question is dependent on many factors. The very general answer is that the home will be awarded to one party or sold to a third party.  To decide what will happen, the Court will look to the wishes of the parties (who wants to stay in the home?), the ability to...

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Can my wife take my inheritance in the divorce?

Very popular question!  I often get this question - can my wife take my inheritance in the divorce? or can my husband take my inheritance in the divorce? In my experience, most judges look to keep “family money” within a family.  If your parents saved their entire...

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What is a homestead?

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...

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