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Topics - melissa3

Pages: 12 3 ... 5
1
New Hampshire State Forum / Your opinion please.....
« on: Oct 30, 2006, 04:02:57 PM »
How is the family court in NH? More specifically, Rockingham county????

Do you think its fair, biased, a joke or really efficient?

Fiance and I are considering moving, since BM moved, and we are hoping NH courts might be a little more "friendly" than MA courts.

Let us hear your opinions.


Thanks,
M

2
Massachusetts State Forum / Need Pro Se help!
« on: Jul 05, 2006, 10:04:31 AM »
Does anyone know anything about going Pro Se in MA?

3
Massachusetts State Forum / Fed up!
« on: May 22, 2006, 10:24:13 AM »
Can someone please recommend a decent lawyer in Western MA?

Thanks.

4
Massachusetts State Forum / Just what can a lawyer do?
« on: Apr 17, 2006, 02:13:06 PM »
I'm not sure where to put this so I figure I'll start with my own state. I'm sure I should post this to Soc but I'd rather see if I could find the answer myself before harrassing him =)

STORY - The BM asked that visitation for my fiance be suspended until he proved he wasn't abusing drugs / or abusing his prescription. The BM made a tape of him taking his medication but she has no evidence that he is a danger while on medication. The tape wasn't admissible in court, however, its existence spawned supervised visits and an evaluation. Our old lawyer failed to question the tape and failed to defend us and ultimately destroyed our case. We now have a new lawyer.

We have already started the evalution but our evaluator is over-booked and he/we cannot finish the evalution in time for trial. We have NO time or the finances to start another evaluation with a new evaluator. Also, my fiance has stopped taking his medication, despite the chronic pain, and could pass a screening. What more could an evaluation show if my fiance is "clean", so to speak?

My question is, can our new lawyer raise an objection to the evidence and the evaluation if we can show its irrelevence, since my fiance is no longer taking his prescription?

Or is our new laywer restricted to working with our case as it is now?

Thanks

PS: It may seem obvious to ask our lawyer but I'm asking here first in an attempt to save what money we have left.


5
Massachusetts State Forum / CS update for MA
« on: Feb 01, 2006, 11:09:36 AM »
Watch out, MA is doing a Child Support Guidelines update. I don't know if it will be in our favor or if we are just going to get a few more "dead-beats" from it.

6
Child Support Issues / Question for Custodial Parents
« on: Mar 27, 2006, 03:31:35 PM »
If your ex asked you to account for how the Child Support they sent was used what would you think/say/do?

Would you be for it or against it?

I'm asking because my fiance and I would like the BM to account for how the child support is spent. We don't think BM is embezzalling the money for herself or anything, we just think it would help if all parties had a better understanding of how much the total cost of caring for the daughter is.

Also, we arent trying to make things difficult for BM. Instead of always having to ask BM, fiance would like to already know if his daughter is growing out of her clothes or if she needs more school supplies, ect. We think having a logbook of how money is spent for their daughter would help to gauge what she needs now and help us better prepare for her needs in the future as well.

Suggestion, comments, criticisms or advice is greatly appreciated.


7
Child Support Issues / yup, she's a gold digger
« on: Feb 23, 2006, 03:17:05 PM »
What do you do when the ex wants you to support them, along with the children, and they ask for the money in the form of child supprt?

My fiance's ex has motioned for a raise in child support, claiming she can't afford to raise their daughter unless my fiance pays more.  However, the ex has a good job that pays well and she brings home a bigger paycheck than my fiance. She can't afford things because she's paying mortgage on the house they used to share but has neglected to rent out the lower appartment. In other words, she'd rather make my fiance pay more in child support than get off her lazy butt and rent out the lower half of her house, which would bring in an extra $600-$800 a month.

It's a perfectly good appartment and is in decent shape, there is no reason for it to be vacant. She's even had offers but she never returned the calls.

How can we prove in court that the ex is willfully not renting out the appartment?

Will the courts see that she is just playing games?

8
Dear Socrateaser / Paying arrears from retirement account
« on: Nov 14, 2006, 08:42:30 AM »
Dear Soc,

I live in Ma, ex lives in NH

Last week I had a hearing for contempt of child support. During the hearing I offered to pay the arrears from my retirement account but my ex's lawyer objected. The judge requested I fill out an updated financial statement and then sent us to probate for mediation (I believe that's what he meant.)

I filled out the new statement and when I searched for my ex's lawyer, a clerk informed me that the lawyer told the judge I had left the court house and a Capias was issued against me. Note: I never left the court house.

I tele-conferenced the lawyer, faxed him my account balance and told him I'd have to withdrawal to pay the arrears. He then told me he wanted me to pay the court fees and his legal fees as well. He's scheduling another contempt hearing in 2 weeks.

Note: Withdrawing from the account myself would result in fees and penalties. A court order, however, sidesteps all that.

I would rather not pay my ex's legal fees again. Also, my ex and her lawyer have me by the onions and I'm tired of it.

Questions:

1. Aside from going back to court on another contempt hearing in 2 weeks, is there something I can file now to get an order to withdraw for just the amount for the arrears I owe?

Thank you


9
Dear Socrateaser / She does not have permission......
« on: Oct 30, 2006, 11:23:26 AM »
Dear Soc,

I live in MA, ex and my child now live in NH

The new judgment that was just ordered gives my ex sole legal and physical custody of our 6 yr old child. I must complete a substance abuse evaluation and I have to set-up supervised visitation.

Before trial, ex stated she wanted to move to her home state, 2 hrs away, with her new BF. I did not agree to her move. She filed a motion to have the topic addressed at trial, but the judge denied the motion.

We have not gone back to court for relocation as of yet, however my ex has just moved.

I cannot get a hold of her, since she has given me no forwarding address or phone number. However, on the Internet, I found her name is now currently listed at the same address as her boyfriends. Also, I have witnesses who recently saw a moving trailer at her home.


Questions:

1. What do I do to have my child returned to this state?

2. I have been desperately trying to prove lack of cooperation and PAS on my ex’s part; will my ex’s move without permission help my argument at all?

3. Any other suggestions on how to handle this?


Thank you

10
Dear Socrateaser / Days to file an appeal
« on: Oct 25, 2006, 09:24:50 AM »
Dear Soc,

All parties live in MA

I received judgment from trial and I’d like to appeal. However, I read the time to file an appeal is only 30 days from the date of the order. I was told it was 30 business days but I just found out the court goes by calendar days, which means my time to appeal is up. Today was the last day and I cannot make it to the courthouse.

I highly doubt this helps but I received the judgment in the mail almost two a weeks after it was signed.

Questions:

1. Should I try to file tomorrow?

2. Is there anything at all that I can do to get my appeal in?


Thanks.

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