January 2015

How incidents of abuse can affect child custody cases

A parent in Massachusetts who has been violent towards their child or the other parent usually cannot get custody of their child. However, this rule is not set in stone, and a parent may be able to get child custody or visitation after an act of violence if they can show that it is in the best interests of the child. When judges are making custody decisions, they will usually look into whether there was a serious incident of abuse or a pattern of abuse in a household. If either of these two things exists, it is assumed that placing a child with the abusive parent is not in the child’s best interests. The parent accused of abuse may have an opportunity to prove that the judge’s assumption is wrong and argue that the child should be placed in their custody. In child custody cases, abuse is when a parent inflicts or attempts to inflict bodily injury on one of their family members. Making another person believe that bodily injury is imminent is also considered to be abuse. A serious incident of abuse is when a parent threatens, inflicts or attempts to inflict serious bodily injury on the other parent or their child. There are some cases where a father could be denied custody and visitation rights as a result of false allegations of abuse. In other cases, a father might be fighting to obtain custody rights after going through a divorce with a mother who was abusive. Many fathers

Read More »

Establishing paternity for unmarried parents

A parent in Massachusetts might want to establish paternity for several reasons. It is important to note that parents have the same legal obligations and rights whether or not they are married. For example, both parents have the right to shared custody or visitation with their children. The parent that has primary physical custody of a child also has the right to receive financial support for the child. Likewise, the parent who does not have primary physical custody has the legal obligation to provide financial and medical support for his or her child. A blood test, known as genetic marker testing, can establish paternity. A father can challenge a paternity claim by submitting to a DNA test. Similarly, a mother can petition the court to compel a father to submit to a paternity test. The mother may use the results of the paternity test as evidence in court in order to obtain an order for her to receive financial provisions for the child including day care, medical insurance and child support. A father can also set up a test to establish paternity and then assert his right to visitation or shared custody. Once it has been established through DNA testing that an individual is a child’s father, the father can then file a petition in court seeking either shared custody or visitation. A married father who does not believe that the child he is raising is his may have limited legal options. In a case such as this, it may

Read More »

The tax filing implications of divorce

Divorcing couples in Massachusetts must take the time to work through their assets and determine how the property will be divided. In addition to deciding what will be done with the family home, couples must also take time to review how income taxes will be handled. This is particularly important if there are minor children who can be claimed as deductions. The first thing to remember is that filing status is guided by very clear rules. Before the divorce is finalized through the courts, couples can either file as married or married filing separately. Filing status is determined by the marital status as of December 31. An alternative to filing as married is to claim head of household status if the qualifications are met, and this can help bump some divorcees into a more favorable bracket. Dependents are claimed by the person that they lived with throughout most of the year. This is usually the custodial parent. In the case of shared custody, the parents should agree ahead of time on which partner will claim the children. There are many divorces where the non-custodial parent covers the medical cost for their children. Those costs can be deducted even if the custodial parent is claiming the exemption for the child. Alimony payments may be deducted even if the individual does not normally itemize deductions, but the payments must be made in cash and classified as alimony in the divorce agreement for the IRS to allow the deduction. Working through the tax

Read More »

The issues that stock options present in a divorce

Massachusetts residents who are contemplating a divorce may be interested in one issue that often accompanies the process. When a couple spits up, certain types of stock owned by one of the parties may present problems that others do not. Restricted stock is a type of stock that is usually given to an employee for no cost, but only becomes transferable after certain conditions are met. This could include working at the company for a certain amount of time, among other possible terms. On the other hand, stock options are a type of compensation that allows the holder to purchase a certain amount of stock at a set price, but at a later date. This often results in acquiring the stock at a lower price. When one spouse owns, or claims to own, one of these types of compensation, these can present complex property division issues. The first step to take when dealing with these assets is to make sure that they actually exist. This may require an attorney inquiring about options and restricted stock with the company’s human resources department. The worth of the stock should then be determined, which may be difficult if the shares are not publicly traded. After the value is determined, the non-owning spouse should be sure to get an equitable distribution of the shares. If the shares are not given as part of the divorce, assets equivalent to the value of the stock should be their replacement. A contentious high net-worth divorce often brings

Read More »
Ask a question…
close slider

Life Complicated?
We Can Help

Fill out the form below and tell us your story.

Call Now Button