The courts do recognize that child support may be a heavy burden for some parents trying to maintain and manage two households. But parents still cannot avoid their financial obligation to pay child support just because of financial difficulties. There must be a showing for the case that any reduction in their income was completely […]

“Attributed income” means income not actually earned by a parent but which may be attributed to the parent because he or she is unemployed, is not working full time or is working below full earning capacity or has nonperforming or underperforming assets. Income may be attributed to a parent if the court evaluates the parent’s […]

You have to show that there a valid order that the Defendant had knowledge and knowledge of the conditions.  You should also check to see if there has been a modification of the restraining order in Probate and Family Court; which occurs frequently and/or if there are any other agreements or attachments. It is important […]

Masters are appointed by the court occasionally in divorce cases and other family law cases. Masters, also sometimes referred to as special masters, are attorneys that hear facts for a case outside of court and then issue a report to the court.

One of the remedies is to file a Contempt.   A second remedy is to ask the court to appoint a Special Master to have control over the sale of the marital home. This can move things along but can also cost monies that is usually an attorney; although the court may allocate who is more […]

The standard of proof in a civil contempt action is clear and convincing evidence that a clear and unequivocal order was disobeyed.  Therefore, there must be a clear and unequivocal command in the order, and an equally clear and undoubted disobedience by the defendant. Additionally, the Plaintiff initiating the Complaint for Contempt must show the […]

You would want to speak to an attorney or at least the clerk’s office.  If there is what is called a “care and protection” case with DCF involved or a CRA case, you would be filing a particular form called a “Petition for Grandparent Visitation” in Juvenile Court and most other circumstances if you were […]

You have to show that you have the necessary facts to show that you are aware that the other party is either in the military as defined under the Servicemembers Civil Relief Act or that they are not in the military.  If you are unsure whether that is the case or not, you can put […]