Alimony
Marlene's Material Modification
Material Change Trumps Inconsistency Standard. Marlene Morales sought to modify child support when her ex-husband’s hourly wage increased $.87 per hour. Although child support would have increased in this Guidelines case, the Probate and Family judge dismissed Marlene’s modification action on the basis that she failed to prove “a material change of circumstances.” On appeal,…
Read MoreJudges Imputing Income Be Forewarned – There’s a Recession Out There!
In a divorce action, a Probate and Family Court found that a father in the real estate business was underemployed and imputed income to him for purposes of calculating child support. The Court averaged the father’s income over the previous five years while acknowledging that it did not reflect his current actual income. The Appeals…
Read MoreMassachusetts Alimony Reform Update
Massachusetts has been a leader in progressive family law reform, like legalizing same sex marriage and divorce. Alimony is another controversial family law subject Massachusetts isn’t afraid to address. The State House of Representatives recently passed a bill that would remove much of the discretion from trial judges in deciding the length of alimony and…
Read MoreCustody Complaints Not Necessarily Cliché
While no two child custody and divorce cases are the same, there are common issues that come up. For example, many divorce lawyers representing women, are told they want their ex-spouse to want to see their children, not tolerate it because they’re forced to by the court. It is a common fear (and common misconception)…
Read MoreAlimony Bill One Step Closer to Becoming Law
Back in April, I wrote a post about proposed Massachusetts alimony reform. I now understand that the bill has been reported out of the Judiciary Committee which usually means it will become law. If it passes, it will reform a law that currently allows judges to grant “lifetime alimony.” Judges presiding over divorce litigation cases…
Read MoreFor Richer or for Retirement
The road to reform of alimony laws has been controversial. April’s proposal will at least guarantee the present laws are looked at.
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