Monthly Archives: April 2013

MA Family Law: Inconsistency Standard v. Material Change of Circumstances

What standard must a Probate and Family Court use when faced with a modification of a child support order when the case is within the Child Support Guidelines?  The trial judge in this case dismissed the modification complaint because, although … Continue reading

Posted in Child Support, Children, Family Law | Tagged , , , , | Comments Off

MA Family Law: Modifying Age of Emancipation of an Out-of-State Child Support Order

As mediators and lawyers, we are often confronted with out-of-state divorce judgments.  Since Massachusetts has the most generous emancipation statute in the country, those out-of-state judgments often provide that support ends long before a child’s 23rd birthday, depending on the … Continue reading

Posted in Child Support, Children, Divorce, Family Law | Tagged , , , | Comments Off

MA Family Law: Imputing Income: Reasonable Efforts to Find Employment

The Probate and Family Court imputed income to an ex-wife based on her present ability to obtain employment.  On appeal, the Appeals Court reminds us that the test for imputing income is a two-part inquiry: (1) whether the person has … Continue reading

Posted in Family Law | Tagged , , | Comments Off

MA Family Law: Court Must Consider Tax Consequences if Presented

Court Must Consider Tax Consequences if Presented.  Under the Internal Revenue Code, alimony cannot be contingent on a child-related event lest it be re-characterized as non-deductible support.  Here, the Probate and Family Court entered a judgment requiring the Father to … Continue reading

Posted in Child Support, Children, Family Law, Family Mediation | Tagged , , | Comments Off

Family Mediation Quarterly: President’s Letter

Dear Mediators: The most recent professional development meeting, “Collaborative Law and Mediation Tools and Techniques: A Common Ground” was a product of the joint committee of the MCFM and the Massachusetts Collaborative Law Council chaired by our own Lynn Cooper.  … Continue reading

Posted in Articles on Mediation, Collaborative Divorce, Massachusetts Collaborative Law, Mediation, Mediator | Tagged , , , | Comments Off

Attorney Jon Fields Elected to the Board of Directors of the MA-AFCC

On Friday, April 5th, Attorney Jon Fields was elected to the Board of Directors of the Massachusetts Chapter of the Association of Family and Conciliation Courts (MA-AFCC).  Mr. Fields has always been deeply involved in the family law arena, and … Continue reading

Posted in Family Law, Firm News | Tagged , , | Comments Off

“Gray Divorce” on the Rise

While the circumstances of each divorce vary from couple to couple, there has been a recent influx in “Gray Divorce,” or divorce involving couples over the age of fifty.  This growing phenomenon poses its own set of complications. Most of … Continue reading

Posted in Divorce, Marriage | Tagged , , , , , | Comments Off

Extreme Divorce Avoidance: Man Jumps from Window to Avoid Divorce

Divorce is a difficult decision, one that is not came upon lightly, and it is hard on everyone involved.  This proved especially true for one couple in Jerusalem.  In early March, a man actually jumped out of a courthouse bathroom … Continue reading

Posted in Divorce, Marriage | Tagged , , | Comments Off