Posts Tagged ‘Divorce’
Appeals Court Overturns Joint Legal Custody Award
It’s not often that the Appeals Court overturns a Probate Court judgment of joint legal custody, which is why this case caught my attention. The Probate judge acknowledged that there was great conflict between the parties but found they “were not totally incapable of maintaining a cooperative relationship.” The conflict, according to the judge, was…
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 MoreMarriage Foundation Recommends Mediation
“Judges do not traditionally speak out about the social issues that manifest themselves in their courts,” wrote Lesley Garner, Telegraph journalist and former advice columnist. So it’s somewhat surprising that Sir Paul Coleridge, a senior family court judge in the UK founded the Marriage Foundation, a campaign that promotes, among other things, mediation prior to…
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 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…
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 MoreYour Family isn't "Broken"
When a spouse brings a divorce preceding against the other spouse, there are certain words that can get thrown around; legal terms such as custodial parent, custody, access, and also, a familiar one: “broken home.” The term broken home can refer to a family run by a single parent, but in today’s modern family, it…
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