Divorce
Fleshing Out Best Interest Standard
A recent SJC opinion made headlines by finding that a California registered domestic partnership was equivalent to a marriage, and that the biological mother and her “partner” were both parents to the child born during their partnership through in vitro fertilization. The case, too, contains an excellent review of the standards of primary physical custody…
Read MoreHusband Receives No Part of Wife’s $12,000,000 Inheritance
The Appeals Court upheld a Probate judgment in which the judge did not award husband any part of the wife’s $12,000,000 inherited interest in various trusts. The decision does not indicate the precise extent of the marital estate but infers that the wife was left with substantially greater assets than the husband. The parties lived…
Read MoreIs Income Equalization Dead?
The Probate Court equalized the incomes of two parents with a child support order. On the father’s appeal, the Appeals Court affirmed. On further appellate review, the SJC vacated the support award, holding that “income equalization is inconsistent with principles that inform child support orders in the Commonwealth.” Such orders, said the SJC, should not…
Read MoreMCFM Spring 2012 Family Mediation Quarterly Article by Attorney Fields
The most recent issue of the Massachusetts Council on Family Mediation Family Mediation Quarterly features the following article I wrote called MASSACHUSETTS FAMILY LAW: A Periodic Review. Value of Inherited Nantucket Home Divided Equally. The Appeals Court upheld a Probate and Family Court judgment that divided equally between parties the value of the husband’s interest…
Read MoreMarlene'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 MoreGetting a Divorce on a Budget
It’s easy to dismiss the costly nature of divorce when your emotional stability is at stake. But remember, as soon as a couple decides to separate, the divorce process immediately becomes more costly. Expenses that were previously shared, including rent and mortgage, are essentially doubled. Even if couples try to live under the same roof,…
Read MoreAgree on Divorce Mediation
Statistics throughout the recession indicate spouses who might otherwise divorce are staying married due to financial constraints. Divorce attorneys want their clients to be absolutely certain they want a divorce; however, when couples don’t see a way out of poorly functioning marriages, they can become volatile. So while divorce isn’t for everyone, for those who…
Read MoreKeep your Children Healthy, Keep your Children
A recent article in the Wall Street Journal calls obesity the new second-hand-smoke in child custody cases in the U.S. Families with an overweight child, or in which a parent is morbidly obese, are seeking guidance from the court system. If a parent claims his or her child is only offered fast foods and doesn’t…
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 MoreFocus on Your Children
A recent article featured in the Wall Street Journal highlights efforts parents can make to help their children feel balanced after divorce. One of the most significant things parents can do after going through a divorce is talk to their kids about it. Willingness to treat the subject seriously, even with young children, will help…
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