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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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What are the Defenses of a Contempt Case?

  • Posted by Alexander Nesson
  • On August 5, 2024
Beyond arguing that the court Order is not clear and unequivocal or that the other side has just not met its burden, there are a couple of defenses.  A common one is an inability to follow the court Order.  For example, if someone is ordered to pay alimony and loses their job and is not […]
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In Massachusetts in a Contempt Matter in Probate Court, what is the Burden of Proof?

  • Posted by Alexander Nesson
  • On July 22, 2024
The Burden of Proof is in civil contempt it is called “Clear and Convincing Evidence.” The Order must be clear and unequivocal. The Order itself cannot be ambiguous and that means there might be a disagreement about what that Order means.  The Order also cannot have the gaps or omissions that might be problematic to […]
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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 […]
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