The latest version of the Massachusetts child support guidelines contains a long list of items that are to be considered income for purposes of the guidelines. Most people, including lawyers are surprised when they see what is included. It makes no difference if the IRS thinks its taxable income. There is a catch-all category for… Continue Reading
Category Archives: Divorce
Filling out your financial statement
One of the more annoying tasks for someone going through a Massachusetts divorce is to have to deal with the financial statement required by the Court. It is typical that in any divorce this form will be redone more than once, because it is required to be current each time there is an important event… Continue Reading
Ask yourself these seven questions before hiring your divorce lawyer.
Your experience with your lawyer will be one of the most important variables that will determine how you feel when your divorce is over. And, to be sure, unlike a chronic illness, your divorce will, at some point be over. There are many things to consider before hiring a lawyer such as experience, education, and training,… Continue Reading
Getting divorced? Should you change your Will?
I am frequently asked by clients if he/she can change a Last Will and Testament during a divorce proceeding. I have had trouble finding any controlling legal authority on this, so I think the decision about whether to do it is up to you. If you have a Will that gives all your property to… Continue Reading
Article on new alimony law
This article, co-authored by Howard Goldstein, was incorporated in materials published by the Boston Bar Association on February 28, 2012 in connection with their continuing education program on the new alimony law. Unintended Consequences of “An Act to Reform and Improve Alimony,” in Massachusetts: Avoiding the Pitfalls on the Road to Reform Janet Miller… Continue Reading
New additions to domestic relations laws – Chapter 208 Divorce
Here are the new additions to the domestic relations laws, Chapter 208 on Divorce. Effective as of today March 1st, 2012. Chapter 208. Section 31A Visitation and custody orders; consideration of abuse toward parent or child; best interest of child. Chapter 208. Section 48 Definitions applicable to Secs. 49 to 55. Chapter 208. Section 49… Continue Reading
What is a good result in a divorce case?
There is a lot of emotion that usually gets in the way of settling your divorce. Settling a divorce case should not be that hard. It is usually a financial planning exercise best settled on spreadsheets rather than in the courtroom. Custody and parenting issues are a little more complicated, but if both parents love… Continue Reading
Cohabitation and alimony reform
The new Massachusetts alimony reform law contains provisions that spell out what happens if a recipient of alimony lives with someone while receiving alimony. Unfortunately the new provisions leave many questions unanswered. The statute says that alimony “shall be suspended, reduced or terminated upon the cohabitation of the recipient spouse when the payor shows that… Continue Reading
If you live together before marriage or separate from your spouse while married it could effect your alimony
One of the hallmarks of the new law is that the duration of alimony is now based upon the duration of the marriage. The duration of the marriage is counted from the date of the marriage to the date of service of a divorce complaint upon your spouse. The timing of when you file for… Continue Reading
Unanswered questions under the new alimony reform law
It is likely there will be lots of news stories on or about March 1, 2012 proclaiming a new day in Massachusetts because of the alimony reform law. There are still many unanswered questions and we will begin on that date to learn how the law is applied in our probate courts. It will take… Continue Reading