Law Office of Joan M. Canavan - Free legal questions and answers - LawQA.com

Free Answers to your Legal Questions by Lawyers.
« back
ask » browse »
Joan Canavan
State of Practice: Massachusetts
Member Since: 12/1/2011
Last Answer: 10/12/2017

About Me

Joan M. Canavan legal expertise lies with Family Law; Real Estate; Probate; Domestic Relations; and Guardianship. Lawyer Joan M. Canavan continues to specialize on family law, in particular domestic relations, child custody and support, as well as child guardianships, probate of estates, and simple estate planning. Ms. Canavan is a member of the Norfolk County Bar Association.

Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.
© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy

Contact Law Office of Joan M. Canavan - Free legal questions and answers - LawQA.com

Free Answers to your Legal Questions by Lawyers.
« back
ask » browse »
Joan Canavan
State of Practice: Massachusetts
Member Since: 12/1/2011
Last Answer: 10/12/2017

Contact this attorney

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy

Law Office of Joan M. Canavan - Free legal questions and answers - LawQA.com

Free Answers to your Legal Questions by Lawyers.
« back
ask » browse »
Joan Canavan
State of Practice: Massachusetts
Member Since: 12/1/2011
Last Answer: 10/12/2017
© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy

Law Office of Joan M. Canavan - Free legal questions and answers - LawQA.com

Free Answers to your Legal Questions by Lawyers.
« back
ask » browse »
Joan Canavan
State of Practice: Massachusetts
Member Since: 12/1/2011
Last Answer: 10/12/2017
Answer: You can move out of state if your Husband agreed or the Court allows you to do so.
Answer: The spouse becomes the owner of property that does not have a designated beneficiary unless there is a will that gives t ...read more
Answer: According to the Alimony Reform Act, alimony payments cease at the retirement age of 67 years old. You need to review th ...read more
Answer: You have full rights to your son. Your are his biological Father. I suggest you file a Complaint for Custody-Support-V ...read more
Answer: You could hire a divorce attorney to file a Complaint for Contempt because your former spouse has failed to fulfill a pr ...read more
Answer: You need to get permission from the Probate and Family Court in the county in which you reside if you want to remove you ...read more
Answer: If you know where he works, you could send a Keeper of Records Deposition Subpoena to his employer requesting all docume ...read more
Answer: Your wife can file for divorce without you knowing about it. You would receive notice when a constable serves you with ...read more
Answer: You should not lose the equity in your home and should ask the Court for you to be reimbursed whatever you contributed a ...read more
Answer: Unless a Court Order exists addressing the date by which you need to move your belongings from the former marital home, ...read more
Answer: In order to prevent your ex's girlfriend from being around your daughter, you could file a Complaint for Modification of ...read more
Answer: There is nothing you can do right now. Sometimes it takes the Judge a long time to write the Judgment, particularly afte ...read more
Answer: Child support is calculated pursuant to the Child Support Guidelines based on the income of the parents less the cost of ...read more
Answer: No, grandparents no longer have a "legal" right to visitation with grandchildren although you can voluntarily choose to ...read more
Answer: No, issues relating to unemancipated children can always be modified. You would need to file a Complaint for Modificatio ...read more
Answer: You should file a Motion for Temporary Orders concerning Parenting time of your daughter and request that Father have su ...read more
Answer: You can't undo the divorce. You need to remarry.
Answer: You will need to file a Motion to Vacate Judgment as provided for under Rule 58 of the Massachusetts Rules of Domestic R ...read more
Answer: The law allows you to remarry 90 days after the divorce nisi in a contested divorce and 120 days after the divorce nisi ...read more
Answer: The terms of the Agreement are legally binding, however you need to file the appropriate documents required by the Court ...read more
Answer: I recommend that you consult with an attorney as soon as possible to learn what your rights are and what you are entitle ...read more
Answer: You should consult with an attorney to know what your legal rights are and what you are entitled to receive as part of t ...read more
Answer: If your son lived in MA or his spouse has lived here for the past 6 months, he can get a divorce in MA. I would be happy ...read more
Answer: I would suggest that you get an attorney to help you. An attorney can explain your rights, make sure you are protected, ...read more
Answer: You need to calculate guidelines based on each of you having one custody of one child. If there is a difference in suppo ...read more
Answer: You should file a Complaint for Contempt in the Probate Court that granted your divorce and file a Motion requesting an ...read more
Answer: The house was purchased during the time of your marriage. Although it may be in a trust, you are still entitled to recei ...read more
Answer: It should be straight forward as you say. Both of you "might" be entitled to any appreciation in the value of the home, ...read more
Answer: This is a no fault divorce state, however you do not have a right to a trial by jury. If necessary, the trial is present ...read more
Answer: You would have to file a motion requesting that she be tested for drugs. You would need to file an Affidavit with your m ...read more
Answer: Your Divorce Agreement may provide for what state has jurisdiction over future child support orders. If your agreement i ...read more
Answer: You cannot move to another state without the permission of Probate Court of the Commonwealth of Massachusetts which can ...read more
Answer: The easiest way to have your older son become guardian of your younger son, is to file a Petition to Appoint Guardian an ...read more
Answer: A post nuptial agreement is solid if the parties had the opportunity to hire separate legal counsel; there is no evidenc ...read more
Answer: You need to receive the Court's permission to let you move out of state with your child.
Answer: I would suggest that you hire an attorney from the state in which your child currently lives.
Answer: Based on the information you have provided, if your Wife opened up a business and purchased a business condominium durin ...read more
Answer: Nothing. Unfortunately you or the Court cannot force a parent to see their children. I would caution you having your son ...read more
Answer: No, you can file a Joint Petition to get divorced. I recommend a legal separation only if you are contemplating divorce, ...read more
Answer: You can get a divorce in Massachusetts after you have been living here for 6 months. I am not sure about other states.
Answer: Your ex -mother-in-law has no "standing" to bring a claim against you in small claims court. The action will get dismiss ...read more
Answer: Any property that was acquired during the marriage by either party can be considered to be part of the marital estate. A ...read more
Answer: If you are asking whether or not legal fees paid to your attorney for a divorce and to prepare a Quitclaim Deed deductib ...read more
Answer: You will continue to receive child support since your child is unemancipated . Emancipation occurs when the child gradua ...read more
Answer: It is my understanding that if your name is on the debt as well, the creditor can seek payment from you regardless of wh ...read more
Answer: You would need to file a Complaint for Modification of child support stating that there is a material change in circumst ...read more
Answer: In order for your parents to gain custody of your children, they would have to file a Petition for Guardianship and prov ...read more
Answer: You will need to file an emergency motion requesting that your ex -girlfriend be preventing from moving without agreemen ...read more
Answer: You do not have to continue to live together just because you are married. You will have to file for divorce and file a ...read more
Answer: You are responsible to pay your attorney for legal fees incurred as the result of your divorce. If your ex -spouse does ...read more
Answer: It depends on the individual attorney. You would need to direct your question to the attorney you contact to discuss whe ...read more
Answer: Where does the weekly spousal and child support check get sent? If it is given to her through the Department of Revenue, ...read more
Answer: Yes, the client is responsible to pay all legal fess incurred from the date the client retained the attorney until the d ...read more
Answer: In order for a calculation of child support to be made, the Court will also need to know your income, cost to both paren ...read more
Answer: You will need to file a Complaint for Contempt against your ex -Wife stating that he has not abided by the Court Order c ...read more
Answer: You did not lose your chance, however in order to file a Complaint for Modification seeking a change in custody, you wil ...read more
Answer: If you read the Court Order you should know how much support will be garnished from his income per week. Then you can ta ...read more
Answer: If the grandmother owns the life insurance policy on her deceased son, it is her decision as to whom she named as the be ...read more
Answer: You need to file a Complaint for Paternity in the probate court of the county in which your child resides seeking to hav ...read more
Answer: This is a very complicated question which depends on the circumstances of your case. Many factors are taken into conside ...read more
Answer: Your son's father will have to file a Complaint for Modification in the county in which you presently live. The Complain ...read more
Answer: Yes, you can file a Complaint for Contempt on the grounds that your ex -Husband has failed to pay you the entire amount ...read more
Answer: You need to get the Court's permission from the County in which the child support order is issued. File a Motion to Remo ...read more
Answer: Express your interest in adopting your grandchild to the Dept . of Children and Families. You should also go to the prob ...read more
Answer: Yes. Whatever each of you accrue in retirement post divorce is yours individually unless a Court order states otherwise.
Answer: You would need to file a Petition for Separate Custody and Support of your son in the probate court of the county in whi ...read more
Answer: Your Husband will get a Summons on his Complaint for Divorce. He will then have to serve you the Complaint for Divorce a ...read more
Answer: Yes, the birth father can always have a paternity test to determine if he is the father of your baby. If it is determine ...read more
Answer: He should file a Motion for an Emergency Review for Reinstatement of his License. At the same time he should request a s ...read more
Answer: If your father had a will, you must file a Petition to probate his estate. The will should state to whom he left his pro ...read more
Answer: You can file a Complaint for Modification requesting sole physical custody because your daughter's mother will be in jai ...read more
Answer: She would have to file a Petition to Adopt your daughter and you and the baby's father would have to give up your parent ...read more
Answer: Yes. It is your car.
Answer: You need to go into Court and file for sole custody or your daughter seeking to have your parents removed as joint tempo ...read more
Answer: It means that you will be incarcerated for thirty days for failure to pay child support. You can purge yourself of the C ...read more
Answer: No, you were never married so she is not entitled to any of your assets.
Answer: If it is an emergency situation, you should file a Complaint for Custody, Visitation and Support in the county in which ...read more
Answer: If there is a Pre -Nuptial Agreement it can specifically exclude whatever you and your fiance want it to include. If the ...read more
Answer: You can proceed and file for divorce even if he refuses. MA is a state where you can file for divoce on the grounds of a ...read more
Answer: You must file all signed documents with the Court for the county in which you lived as married. You will also need to fi ...read more
Answer: Chances are your support will not increase due to the fact that your ex -wife intentionally diminished her income as a r ...read more
Answer: Your obligation to pay support continues until the Court issues an order changing the existing order. If support was bei ...read more
Answer: If your divorce provided that you and your daughter's father had joint legal and physical custody of your daughter, you ...read more
Answer: In the event that nothing concerning your separation/divorce has not been filed in Court, I would suggest that your firs ...read more
Answer: File a Complaint for Contempt in the probate court of the county in which the visitation agreement was issued.
Answer: You need to file a Petition for Guardianship in the Probate Court of the County in which you and the child reside. Based ...read more
Answer: Your Ex -Husband should not deduct child support from the spousal support. Payment of one has nothing to do with payment ...read more
Answer: Yes, you can. You need to file a Complaint for Modification requesting spousal support on the grounds that there is a ma ...read more
Answer: No, but it does establish what has transpired between the parents for thepast three years.
Answer: By all means, please discuss this with your attorney. That is what you are paying him/her to do.
Answer: I would suggest that you discuss these issues with a tax accountant rather that seek advice from an attorney.
Answer: Yes, because she left you without contributing to the marital household expenses and you have no idea of her whereabouts ...read more
Answer: I would suggest that you file a Complaint for Modification seeking to modify the existing child support order and reques ...read more
Answer: Unfortunately you cannot make a parent spend time with their children if they don't want to.
Answer: I don't know the answer to your question, but you should file a Petition for Temporary Guardianship of your nephew stati ...read more
Answer: In order for your boyfriend's ex to receive child support, she would have to establish that the child is your boyriend's ...read more
Answer: If your sister is under the age of 18, I would file a petition for temporary guardianship of your sister stating that yo ...read more
Answer: You need to file a Motion to Recuse staing the reasons why you think there is a conflict of interest between the other p ...read more
Answer: It's not illegal, however, you should file a Motion in Court requesting that Mother not be with any unrelated third part ...read more
Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.
© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy