Legal Blog

Divorcing parents and children still may see one another every day

“The children didn’t ask for this divorce” shared the premier plasterer who scheduled his day around meeting the children at their buses after school, doing homework with them at their Mother’s home, until she returned from her corporate job. A CFO of his company delivered the two children to school and picked them up five days a week. They did

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Proposed Bill to Allow Pre 2012 Alimony Orders to Terminate at Retirement

Massachusetts Representative John Fernandes recently (February 19, 2016) filed House Bill HD4546 which if enacted would now allow alimony orders which were entered into prior to 2012 to terminate upon the Federal Age of Retirement per Massachusetts General Laws Chapter 208 Section 49. This proposed bill is in direct response to what many believed to be a surprising ruling by the Massachusetts

Read More ➔

Mediating or Arbitrating Temporary Orders

The traditional start to a divorce case in Massachusetts is the filing of a complaint, service of a summons and scheduling of temporary orders. The temporary orders are designed to tide over the parties with custody and financial orders that maintain the status quo, or at least the peace, until the case is ready for trial. In Massachusetts a contested

Read More ➔

Hassey v. Hassey, 85 Mass.App.Ct. 518 (June 25, 2014)

This case involves an 21-year marriage in which Husband was the primary wage earner and Wife, excluding a brief stint in the late 80s, worked solely in the home. During the marriage, Husband invested in and obtained a greater interest in his dental practice – creating a difficult to estimate income stream which could continue to grow in the future.

Read More ➔

BBA Talk on Income from Pass-Through Entities

On Tuesday November 3, 2015 at 5:30pm (at the Boston Bar Association on Beacon Street in Boston) I will be giving a talk with financial expert Robert Stankus from CBIZ Tofias about the implications of income from a pass-through entity. This is a challenging but interesting topic that can cause fits to practitioners and the Court as they try to address the interplay

Read More ➔

Divorce Is Going to the Dogs, Literally

Custody battles over the kids? So old school. Melanie and Antonio are just one of thousands of couples going to war over their pets. When Melanie Griffith and Antonio Banderas announced the end of their nearly two-decade marriage, they vowed to finalize things “in a loving and friendly manner.” But according to reports it is possible that could change, as a

Read More ➔

Temporary Alimony is NOT General Term Alimony

The Massachusetts Supreme Judicial Court added new clarification today in its opinion in the Holmes case (see full opinion here). In Holmes, Husband was ordered to pay temporary alimony during the pendency of the divorce modification case.  The SJC held that the 2 years Husband paid “temporary alimony” (during the pendency of the modification case) would not be deducted from

Read More ➔

Child Support is Becoming More Complex

I used to tell my clients that child support was a straight forward issue.  Prior to the August 2013 Child Support Guidelines, I believed that it was.  If one parent had primary custody of the child/ren then to determine income, simply input the data into the child support calculator and whatever the number was, would likely be the resulting child

Read More ➔

Divorcing parents and children still may see one another every day

“The children didn’t ask for this divorce” shared the premier plasterer who scheduled his day around meeting the children at their buses after school, doing homework with them at their Mother’s home, until she returned from her corporate job. A CFO of his company delivered the two children to school and picked them up five days a week. They did

Read More ➔

Proposed Bill to Allow Pre 2012 Alimony Orders to Terminate at Retirement

Massachusetts Representative John Fernandes recently (February 19, 2016) filed House Bill HD4546 which if enacted would now allow alimony orders which were entered into prior to 2012 to terminate upon the Federal Age of Retirement per Massachusetts General Laws Chapter 208 Section 49. This proposed bill is in direct response to what many believed to be a surprising ruling by the Massachusetts

Read More ➔

Mediating or Arbitrating Temporary Orders

The traditional start to a divorce case in Massachusetts is the filing of a complaint, service of a summons and scheduling of temporary orders. The temporary orders are designed to tide over the parties with custody and financial orders that maintain the status quo, or at least the peace, until the case is ready for trial. In Massachusetts a contested

Read More ➔

Hassey v. Hassey, 85 Mass.App.Ct. 518 (June 25, 2014)

This case involves an 21-year marriage in which Husband was the primary wage earner and Wife, excluding a brief stint in the late 80s, worked solely in the home. During the marriage, Husband invested in and obtained a greater interest in his dental practice – creating a difficult to estimate income stream which could continue to grow in the future.

Read More ➔

BBA Talk on Income from Pass-Through Entities

On Tuesday November 3, 2015 at 5:30pm (at the Boston Bar Association on Beacon Street in Boston) I will be giving a talk with financial expert Robert Stankus from CBIZ Tofias about the implications of income from a pass-through entity. This is a challenging but interesting topic that can cause fits to practitioners and the Court as they try to address the interplay

Read More ➔

Divorce Is Going to the Dogs, Literally

Custody battles over the kids? So old school. Melanie and Antonio are just one of thousands of couples going to war over their pets. When Melanie Griffith and Antonio Banderas announced the end of their nearly two-decade marriage, they vowed to finalize things “in a loving and friendly manner.” But according to reports it is possible that could change, as a

Read More ➔

Temporary Alimony is NOT General Term Alimony

The Massachusetts Supreme Judicial Court added new clarification today in its opinion in the Holmes case (see full opinion here). In Holmes, Husband was ordered to pay temporary alimony during the pendency of the divorce modification case.  The SJC held that the 2 years Husband paid “temporary alimony” (during the pendency of the modification case) would not be deducted from

Read More ➔

Child Support is Becoming More Complex

I used to tell my clients that child support was a straight forward issue.  Prior to the August 2013 Child Support Guidelines, I believed that it was.  If one parent had primary custody of the child/ren then to determine income, simply input the data into the child support calculator and whatever the number was, would likely be the resulting child

Read More ➔

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