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 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 MoreVery Happy Spouses Usually Don't Divorce
A recent column in The New York Times Magazine affirms the age-old notion that generosity is a positive character attribute, especially in marriage. So for those of us who have not achieved the ratio of “at least five positive things for each negative interaction” with our partners, it’s worthwhile to note the difference between being…
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 MoreLawyer-Mediator’s Subsequent Representation of Party
A Nebraska attorney served as a mediator for an unmarried couple in a child custody dispute; later, after the mediation had concluded, this same attorney represented the mother against the father in a suit involving the father’s alleged wrongful theft of certain of the mother’s property. The father sought to disqualify the attorney on the…
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…
Read MoreMy Approach to Family Law
I hope you enjoy a brief video shoot I recently did, in which I speak about family law at Fields and Dennis, LLP. Please click below to watch the video on YouTube. Jon Fields Family Law Video August 2011
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…
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