Case Law Updates from Family Mediation Quarterly, April 2014

Temporary Alimony Doesn’t Count. In the most significant case concerning the Alimony Reform Act, the SJC determined that the period during which temporary alimony is paid during the pendency of a divorce proceeding pursuant to G.L. c. 208 s. 17 is not included in the calculation of the maximum presumptive duration of general term alimony. …

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Case Law Updates from Family Mediation Quarterly, October 2013

PC Agreement Held Enforceable. A recent Appeals Court decision held that an agreement to use a parenting coordinator (PC) was enforceable, even where one party does not want to use one anymore. The father had sought the appointment of a new PC after the PC’s initial one-year term ended; the Probate and Family Court judge…

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Case Law Updates from Family Mediation Quarterly, July 2013

“Agreed upon Educational Expenses” and the Price of Silence. Because “agreed upon expenses” recurs so frequently in our agreements, this recent case from the Appeals Court should be of great interest. The separation agreement, incorporated into a California divorce judgment and registered in Massachusetts, provided that each party would pay one-half of all agreed-upon educational…

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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 pay alimony until the youngest child graduated from high school at which point it would…

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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.  The panelists, in addition to Lynn, were Dan Finn, Kate Fanger, Karen Levitt, and Lisa…

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