In Massachusetts, like most other states, there are two types of child custody. The first is legal custody and the other is physical custody. Legal custody is the “decision making” custody. The parent or parents who have legal custody of a child have the authority to make decisions regarding the child’s care and upbringing, such…
Divorce and Family Law Blog
When Can a Parent Receive a Retroactive Credit on Child Support?
It is not uncommon that as children get older, the custody and parenting schedule for the children change over time. This can include children moving in with the other parent. When these changes happen, it is also not uncommon for child support to be updated at the same time. The law requires that any changes…
The New 2017 Massachusetts Child Support Guidelines: What’s New? What’s the Same?
The Trial Court of Massachusetts issued new Child Support Guidelines, which took effect last week on September 15th. There are many changes to the new Guidelines, but also a lot of things stayed the same. This article will explain the changes to the new Guidelines, but what also stayed the same compared to the 2013…
Can Alimony Last Past the Scheduled Termination Date?
When the Alimony Reform Act was enacted in 2011, it provided for set termination dates of General Term Alimony, which is the most common type of alimony in Massachusetts. Under the statute, M.G.L. c. 208 §49(b), General Term Alimony will terminate after a certain period of time, depending on how long a couple was married. …
The Benefits of Engaging a Parenting Coordinator
A Parent Coordinator is a Family Law Attorney or mental health professional who works with families relating to child custody and parenting time, whereby the Parent Coordinator assists parents to resolve and reach agreement concerning disagreements about co-parenting, custody, and the parenting schedule. Parent Coordinators are commonly used in child custody and parenting matters in…
Is Divorce Mediation Right for You?
There are many benefits to divorce mediation, but it is not always right for each couple. If you are thinking about getting divorced, and you can’t decide whether to try divorce mediation, here are some things to consider. In divorce mediation a couple can work together amicably to resolve the issues relating to the divorce. …
Financial Disclosure in a Divorce
When spouses are going through a divorce, a common concern is that their husband/wife will not fully disclose their assets. In Massachusetts, to protect against this issue, the Court issued Supplemental Probate Court Rule 410, in which both parties must exchange certain financial information within 45 days after the defendant was served the summons and…
Can I Modify My Separation Agreement?
It is not uncommon for a spouse to want to modify certain provisions of his or her Separation Agreement after a divorce. As time goes on, circumstances will most certainly change for the former spouses. However it is important that spouses make any changes through the Probate and Family Court, and not through a private…
What Happens During a Divorce Mediation Session?
Couples contemplating a divorce may consider divorce mediation as a cheaper, more amicable method to divorce. However, before selecting divorce mediation, couples may wonder what happens during a mediation session. This is a brief description of what happens in a mediation session. There are many issues that must be addressed in a divorce: 1) child…
How to Effectively Co-Parent At the Beginning of a Divorce
When parents divorce, there can be a significant impact on the children. For divorces involving children, some judges have referred to such a divorce as a corporate reshuffling, and say that the family corporation remains the same, but has undergone some reshuffling. That is to say, the family unit continues to exist, but in a…
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