Posts by Jon Fields
Divorce and Infidelity
The decision to divorce is never an easy one. Typically, it is one wrought with frustration and uncertainty. The factors that go in to the decision vary greatly from couple to couple, yet one of the most prevalent scenarios often involves adultery or the suspicion of adultery. While some couples can overcome the damage done…
Read MoreRemember to Breath: Taking Care of Yourself During a Divorce
Divorce is a difficult decision, and it is one that leaves many impending problems in its wake. It is important to consider the repercussions on your family, your finances, and your estate. But there is another thing to consider, that can often fall by the wayside when dealing with such an emotionally-wrought decision: YOU and your…
Read MoreUK Supreme Court Pierces the Corporate Veil in Landmark Ruling
This week, in a landmark decision by UK’s Supreme Court, the ex-wife of a Nigerian oil tycoon won a potentially game-changing divorce settlement. It was argued that Michael Prest tried to conceal assets from his wife by hiding property in an offshore company. The decision to uphold an appeal by Prest’s wife was unanimous – with…
Read MoreHollywood Divorce Sparks $10 Million Battle
Demi Moore and Ashton Kutcher have been tabloid fodder for years now, and yet it seems they are still making waves in the media, this time for their forthcoming divorce. While Moore and Kutcher first announced their split in 2011, they are not yet divorced. Their divorce filing cited “irreconcilable differences” and Moore was originally…
Read MoreThe Importance of Keeping Beneficiaries Updated
The importance of updating your beneficiary designations, specifically for policies which fall under Federal Employees’ Group Life Insurance (“FEGLI”) for life insurance policies has just been highlighted by the Supreme Court’s 9-0 decision in Hillman v. Maretta. During the marriage of Mr. Hillman and Ms. Maretta, Mr. Hillman named Ms. Maretta as the beneficiary of his…
Read MoreArt Student Aces Exam with Divorce Paper Wedding Dress
A fifteen-year-old student in the small town of Crawley, England recently created an art project that has gone viral on the internet. Hoping to symbolize the tendency of people to rush into marriage and end up divorced, she created a wedding dress completely out of divorce papers. The dress used divorce papers, arranged in a…
Read MoreMA 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 the ex-husband’s income had increased, she found there was not a “substantial and material change…
Read MoreMA 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 state. Steve and Mary Ellen Freddo had four children and were divorced in Florida. Following…
Read MoreMA 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 a present ability to obtain a particular job and (2) whether the person exercised “reasonable…
Read MoreMA 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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