Family Law
Mediation for Families
Mediation is a tool that can be invaluable to families. At Fields and Dennis, we are well-versed in all aspects of Family Law, and we often turn to mediation as an agreeable and less distressing means to an end. There are many ways that mediation can benefit families at various stages of life. From divorce to estate planning and everything in between, mediation can be an…
Read MoreDivorce and Fertility: Putting your Eggs in One Basket
Deciding to end a marriage is never easy. After investing so much of your life to one person, it can be incredibly daunting to think about starting over. For women in their late thirties or forties whose marital investment included the potential of starting a family, divorce can pose an even more complex challenge. While…
Read MoreCase 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…
Read More5 Tips for Getting Through the Holiday Season When Going Through Divorce
Thinking about the holiday season can be a daunting experience when going through a divorce. While it is only October, we understand the apprehension of facing the upcoming season of cheer when you are feeling anything but cheerful. Divorce is an extremely personal and emotional experience, and there is no right or wrong way to feel –…
Read MoreCase 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…
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 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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