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Family Law - Modification - Contempt Questionnaire

Massachusetts Family Law - Modification - Contempt Questionnaire

Category:

Family Law - Contempt

State:

Multi-State

Control #:

US-Q1016

Format:

Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of parties in a modification of domestic relations order or contempt matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.

This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.

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FAQ

A Judgment is the legal document that is issued at the conclusion of every case, and it must be followed until and unless it is changed. If a party to that Judgment wants to change it, s/he must request a Modification from the Probate and Family Court. This process begins by filing a Complaint for Modification.

If the law applies to you, you must get permission either from the other parent or the court before you can leave the state with your child. If you can get permission from the other parent to leave the state with your child, you do not need the court's permission also.

One parent can ask for a change (called a modification) in custody or parenting time, or if both parents agree on the change, they can request the change together. If only one person wants to change a judgment on custody or parenting time, file: The Complaint for Modification (CJD 104).

There are three ways to change a child support order. You can file court papers on your own, either. a Complaint for Modification or. ... You can ask the Department of Revenue Child Support Enforcement (DOR/CSE) to file a Complaint for Modification for you. ... A lawyer can prepare and file your court papers.

Although most contempt actions are civil in nature, this does not mean that there will not be serious consequences if a person is found to be in contempt of court. For example, a Massachusetts probate and family court judge has the authority to incarcerate a person for up to 30 days for non-payment of child support.

In the event that the court believes that a hearing is necessary or helpful to a disposition of the matter, the court will set the time and date for the hearing and will notify the parties within twenty-one (21) days of the filing of the petition or motion.

In a criminal contempt action for a nonsupport case, there must be a finding that the obligor had the ability to pay support when it was due and knowingly and intentionally failed to obey the order. The defendant has a presumption of innocence and must be proven guilty beyond a reasonable doubt.

While there is no specific age when judges will consider a child's preference, judges tend to give the opinions of older teenagers more weight. A child below the age of 10 would need to be very mature for a Massachusetts judge to factor the child's preference into a custody decision.

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