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In Massachusetts, what is a Pathway Case Management for Probate and Family Court?

  • Posted by Alexander Nesson
  • On December 16, 2024
The Pathway Case Management consists of Zoom hearings with the Judicial Case Manager.  The idea behind these is to try and help resolve cases quicker and more efficiently, particularly, for self-represented litigants.  Originally, it started for my practice more in Plymouth County, I believe it also was in Barnstable. Now it is in Bristol County […]
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In Massachusetts, how does the Fair Hearing Start?

  • Posted by Alexander Nesson
  • On December 2, 2024
The Hearing Officer will begin to record the hearing. The Hearing Officer will explain the process and have everyone introduce themselves. The Hearing Officer will then swear in anyone who will be providing information at the hearing. The Hearing Officer will ensure everyone has all the documents that were submitted before the hearing. DCF will […]
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In Massachusetts Who Would be Present at the Fair Hearing for a DCF Case?

  • Posted by Alexander Nesson
  • On November 25, 2024
The fair hearing officer, the DCF worker who made the decision, and usually the DCF supervisor.  Again, who made the decision that you’re appealing?  In general, a lawyer for DCF does not attend and the ongoing worker may attend but usually does not appear. DCF may have witnesses but most times they rely on the […]
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How Do I Request a Fair Hearing in Massachusetts for a DCF Case?

  • Posted by Alexander Nesson
  • On October 28, 2024
You can request a fair hearing by filling out an online Fair Hearing Request form available at www.mass.gov/fair-hearing-unit.  You can also request a fair hearing by writing a letter to the fair hearing unit and sending it by mail, fax, or email. You also must send a copy of the letter to the Area Office […]
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In Massachusetts DCF Cases, What Decisions Can I Appeal for a Fair Hearing?

  • Posted by Alexander Nesson
  • On September 30, 2024
If you disagree with a decision that DCF makes there are certain aspects that you can appeal through a fair hearing, which is not a court hearing but an administrative hearing with DCF.  There are many types of decisions that you can appeal through a fair hearing, but the rules about which decisions can be […]
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How Does Social Security Disability Dependency Benefits Work in Massachusetts regarding Child Support?

  • Posted by Alexander Nesson
  • On September 23, 2024
Social Security Disability is through the Social Security Administration which is Federal and part of that is not to just help support the disabled person, but also that person’s family. If that person who is disabled has dependent children, the payments would be increased to provide financial support for both the parent and his/her dependent […]
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What is the Difference between a Motion to Vacate Order versus a Restraining Order?

  • Posted by Alexander Nesson
  • On September 9, 2024
In a Restraining Order or what is also called a 209A Abuse Prevention Order there is a burden that there is a substantial likelihood of immediate danger or abuse with part of the definition being that the defendant has caused or attempted to cause physical harm, committed a sexual assault, or placed the plaintiff in […]
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In Massachusetts, what is the Difference Between Ordering a Spouse to Vacate the Marital Home Versus Sole Use and Occupancy of the Martial Home?

  • Posted by Alexander Nesson
  • On September 2, 2024
The idea behind the Motion to Vacate is there are some clear steps that the parent needs to take and a burden that needs to occur. Exclusive use and occupancy are something that happens often when one of the parties has already moved out.  There is also less stigma with the exclusive use and occupancy […]
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