October 2015

Considerations for custodial parent relocation out of state

Child custody and visitation are frequently some of the most important issues that need to be resolved when a married couple divorces. Sole or joint custody and visitation rights are usually spelled out in the separation agreement or divorce decree, and as long as the situations of both parents do not change afterward then there is usually no need to revisit the matter. But if there is one thing that can be counted on in life, it is that circumstances change over time. For divorced parents, a circumstance that can warrant revisiting child custody arrangements is when one a custodial parent decides that it is time to move out of the Commonwealth of Massachusetts and to take the children along. These development can often result in a legal challenge by the noncustodial parent. Massachusetts’s courts have had ample opportunity to consider factors that must be weighed when deciding whether a custodial parent should be allowed to move out of state with the children. Some of these factors include: Is the move in the best interest of the children? Will the quality of their lives be improved by the change? Will there be any possible negative effect on them by eliminating or curtailing their contact with the noncustodial parent? Will the move have any effect on the emotional, physical or developmental needs of the children? Will the custodial parent’s quality of life be positively affected by the move? This can be a consideration in determining whether the relocation is in the

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We can help with complex asset distribution in a divorce

If you have brought considerable assets into your marriage, or your marriage has lasted long enough for you to accumulate substantial wealth and material possessions, the ending of the marriage by divorce can be an even more stress-filled endeavor than it is ordinarily. It is not just accurately assessing the dollar value that can be problematic; you can also have a contentious experience with your soon-to-be ex-spouse as to who is entitled to what. You may have a nice home, considerable liquid assets in a variety of accounts, a substantial investment portfolio, real estate holdings other than your home, pensions and other retirement accounts, and so on. If you have worked closely with an accountant to protect your assets, you might also have structured your holdings to minimize your tax consequences, but in an asset division this can add to your potential headaches. Helping our clients to understand equitable distribution in Massachusetts, particularly with high-value assets on the line, is something that we at David M. Gabriel & Associates have extensive experience with. We can help you to carefully assess each asset’s actual value, and to navigate specific circumstances like assets connected to a business or properly determining whether an asset is a marital or a separate one. Your divorce may be amicable, but complex asset division can still become a source of friction when it comes to reaching a fair settlement. You will want a law firm to represent you that diligently represents your interests. To learn more about

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Massachusetts alimony law reform

One of the biggest events in Massachusetts divorce law to come down in recent years was the overhaul and reform of alimony law. This reform brings back the formerly eliminated idea of lifetime alimony. In 2012, a court order required termination of alimony benefits once the payer reached retirement age. This law was intended to apply to all payers of alimony rather than just those who divorced after March, 2012, but this was not always the case in practice. Recent appeals courts have now issued decisions to end those reform benefits. Three different decisions in January of 2105 have ended the retirement provision in these reforms for those who were divorced prior to the March 2012 cutoff date. Now, modifications to the termination of alimony that were initiated under the reformed alimony laws can only be rescinded if the former recipient of the alimony requests it. Certainly this is problematic for those left in uncertain gray areas who don’t know where they stand. The process of legislation reform regarding alimony law is ongoing, but if you are in this situation and need your rights protected, you would do well to speak to your divorce attorney. The new laws can be confusing and difficult to understand and navigate, and even if you’ve been divorced for years, a qualified divorce attorney will know how to help you best. They can explain where you stand, and help you to work within the bounds of the law to ensure that your alimony agreement remains

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What is the purpose of alimony?

Alimony or spousal support, are payments made by one spouse to the other after a divorce. Many people do not fully understand the point of alimony. Indeed, alimony can be a bit complicated to figure out under Massachusetts’s law. Essentially, the purpose of alimony is to avoid unfair financial effects of the divorce on the spouse who earned less income than the other spouse. For example, alimony can provide a source of financial support to help the recipient spouse get back on his or her feet, develop the skills and experience needed to find employment, and/or continue the same standard of living he or she enjoyed during the marriage. The specific purpose of alimony in any given case depends on the type of alimony. According to Massachusetts law, there are four types of alimony: General term Rehabilitative Reimbursement Transitional General term alimony is for spouses who are financially dependent on their former spouse. This type of alimony is paid periodically, usually on a month-by-month basis, for a set duration. Rehabilitative alimony is intended to help spouses until they can financially support themselves. Due to the nature of this type of alimony, the award is usually for a certain period of time, such as when the recipient spouse finishes a degree, completes job training, or becomes employed. Reimbursement alimony serves to pay spouses back for what they did to contribute to the other spouse’s well-being. For example, alimony can be awarded to reimburse a spouse for paying for the other spouse

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