Alexander Nesson – Page 5 – Law Office of Alex Nesson

What is “Contempt” in Probate Court?

Posted by Alexander Nesson
On July 8, 2024

A Complaint for Contempt looks at non-compliance with any clear and unequivocal court order. This includes both final Judgments and Temporary Orders. They are not criminal contempt but the purpose behind it is to have the Defendant comply with a court Order and to provide a solution to the Plaintiff for that violation. Simple examples […]

Posted by Alexander Nesson
On July 1, 2024

Sometimes it is very clear when child support ends and other times it is not, but you do need to go to court or have the court change the child support order. There can be reasons why you would ask for this to occur if the child stops living with a parent who receives child […]

Posted by Alexander Nesson
On June 17, 2024

The answer is no. The Guardian Ad Litem report can be, and many times is a deciding factor for the court in terms of how the court would want to determine their decisions given the Guardian Ad Litem is generally an expert in custody and parenting time cases and as a neutral person, they do […]

Posted by Alexander Nesson
On June 3, 2024

The law is clear that there is no preferential treatment for a mother in a Massachusetts custody case. Both parents have equal custody and visitation rights. The practicality used to be that there was a significant favor to mothers over fathers even if it was not under the law. Particularly, with some of the older […]

Posted by Alexander Nesson
On May 20, 2024

Usually, it is not. In Massachusetts, if there is an agreement approved by the court, they will not consider legally enforceable side deals that the parents make regarding child custody or parenting time. The courts though factor in what the parties have been doing but it would not necessarily be a legally binding contract if […]

Posted by Alexander Nesson
On May 6, 2024

Generally, both legal parents must agree to change the child’s name. In court, if the parties have a dispute, the courts will look at the best interest standard in determining whether the name change should be allowed or not. There can even be a trial regarding this.

Posted by Alexander Nesson
On April 22, 2024

Child support does factor in whether the parents have joint physical custody or not. The child support is still calculated on the income of the parents. If one parent has a higher income and depends on what some of their obligations are, such as health, dental, vision insurance, childcare, and other child support obligations. There […]

Posted by Alexander Nesson
On April 8, 2024

In Massachusetts, the answer is no. Child support and parenting time are two separate rights or obligations that the court does not connect at all. You can file a Contempt if a parent is not paying child support, but you cannot restrict the parenting time.

Posted by Alexander Nesson
On April 1, 2024

The judges in Massachusetts look at what is in the child’s best interest. This is under General Laws, Chapter 208, Section 31, which includes the happiness and welfare of the children determine their custody. The judges, however, have a significant and broad discretion when determining custody or parenting arrangements. There are a range of factors […]

Posted by Alexander Nesson
On March 18, 2024

In Massachusetts, the child does not get to determine visiting a parent if there is a legal order. The court, however, may factor in the child’s input and reasoning behind it. The older the child is and more importantly the more mature and informed their decisions are, the more weight the court is likely to […]

Page 5 of 81«‹3 456 7 ›»

What is “Contempt” in Probate Court?

When Does Child Support End in Massachusetts?

In Massachusetts if a Guardian Ad Litem (GAL) is Appointed and Makes Recommendations Regarding Custody and Parenting Plans for the Children, Does the Court have to Follow the Guardian Ad Litem’s Recommendations?

In Massachusetts Does the Law Favor Mothers over Fathers in Custody Cases?

If we Have a Written Agreement but One Side and the Other Side have Reached a Verbal Agreement, is that Enforceable?

Can One Parent Change the Child’s Last Name Without the Other Parent’s Permission?

In Massachusetts if Both Parents Share Physical Custody, Does Anyone Pay Child Support?

Can a Parent Refuse to Allow Visitation or Parenting Time if the Child Support is not Paid?

In Massachusetts if the Parents are not Able to Come to an Agreement on Child Custody Either in a Divorce Action or another Non-Married Custody Case. How does the Court Determine who Would Have Custody of the Child?

In Massachusetts can a Child at a Certain Age Determine Whether They Want to Refuse to See a Parent or not?