Alimony Modification

Representing the Husband.  Defending against an increase in alimony.  The parties with three children were divorced after 23 years of marriage.  The Husband re-married.    Some years later, upon emancipation of the youngest child, the child support ceased and the Wife commenced receiving a fixed amount of alimony pursuant to the terms of the divorce judgment.  Thereafter, she filed a Complaint for Modification seeking an increase in alimony claiming that Husband’s income had increased substantially since the divorce.   Husband’s income had increased substantially from $2700.00 weekly to $6300.00 weekly, however, Wife’s income had increased as well, and her financial circumstances improved.   The matter proceeded to trial.  After trial, the court found that Wife’s expenses were inflated and that her income far exceeded the expenses required to maintain the modest lifestyle enjoyed by the parties during the marriage.  Wife’s counsel was repeatedly prevented over objection by Husband’s counsel from introducing evidence and testimony during the course of trial.  Wife’s complaint for modification was dismissed based upon a lack of material or substantial change in circumstances.

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Motion to Vacate Restraining Order

Representing the defendant.  The defendant was alleged to have assaulted and threatened a relative with physical harm resulting in the issuance of a 1 year restraining order.  Defendant was not represented by counsel.  Defendant retained our office.  A motion to vacate the restraining order with extensive memorandum and supporting case law, was filed and allowed, resulting in the restraining order being vacated.

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Underemployed Husband At Time Of Divorce

Representing the Wife.   The parties were married for over 22 years at the commencement of the action and had two children, ages 15 and 11, with special needs.  The matter was tried.  The court found that the Husband dissipated marital assets including retirement funds and was underemployed at the time of the divorce.  The Husband demonstrated little if any interest in the children.  The Wife received a substantially greater share of the marital estate and was granted sole legal and physical custody of the minor children, after trial.

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Prenuptial Agreements: What They Are And Who Needs One

Prenuptial agreements might have a bad reputation from tabloid accounts of celebrity divorces, but these important legal arrangements are for more than the rich and famous. Nor are prenuptial agreements a statement that a couple plans to divorce or otherwise wants an exit strategy. When done right, a prenuptial agreement can help a couple take stock of their assets and set the stage for efficient and open communication about joint finances, thus strengthening the marriage. In essence, a prenuptial agreement enumerates one or both of the partners’ assets and stipulates which of these assets will not become jointly held upon marriage but instead remain individual property. While one of the most common reasons, and the most notorious in pop culture, is to protect an individual’s assets in case of divorce. This is especially important when a couple’s assets are imbalanced; if one partner makes or owns ten times the other’s worth, the assumption of each partner being entitled to half the property at divorce is not fair. Prenuptial agreements, however, have many other uses and can serve the needs of many kinds of people. For instance, a prenuptial agreement can protect one spouse’s assets from the other’s liability. For example, if a woman is a doctor, and her husband owns his own business, they may have a prenuptial agreement as part of an asset protection plan. If the wife is sued for malpractice, her husband’s business is not counted as part of her property, limiting her potential payout amount and

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Motion to Dismiss Husband’s Complaint for Modification of Custody

Representing former Wife.  Husband filed action concerning care and custody of minor child three years earlier.   Wife previously moved out of state with court permission.   Father failed to prosecute action.  Mother filed a motion to dismiss Father’s complaint under the Massachusetts Child Custody Jurisdiction Act (Chapter 209B §7) and Forum non conveniens (M.G.L. Chapter 223A § 5).   Mother alleged that the action was no longer properly before the Massachusetts, despite having been brought at a time when the parties were living in Massachusetts.  Mother alleged that such an action should proceed in the child’s home state.  The court agreed and the matter was dismissed.

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My Kids Hate the Custody Arrangement – What Can I Do to Make Their Voices Heard?

Even in the best of circumstances, divorce can be difficult for children. Children are often resistant to change: adapting to new schedules and surroundings, learning to live with one parent at a time, and getting along with possible new stepsiblings or half-siblings are all big changes, ones which can challenge a child’s developing social skills and coping mechanisms. However, many, if not most, children with divorced parents eventually adapt and thrive, growing into healthy and well-adjusted adults. There are cases, however, where a child’s discomfort with a custody arrangement goes beyond natural resistance to change, beyond the fairly standard complaints of “I don’t like it here” or “I like dad’s house better.” Perhaps there is serious, ongoing, and frequent conflict between the child and one of the custodial parents, a conflict that makes living with that parent a deeply anxious situation for the child. Perhaps the conflict is with a stepparent or stepsibling and a child’s grades are dropping as a result of the distress. Conflict and negative situations are not the only reason to consider modifying a custody agreement, however. Perhaps, at the other end of the spectrum, a mom can now spend more time with her children because of a promotion that allows her more control over her schedule. Or perhaps a ten-year-old custody agreement no longer works for a fledgling teenager because she prefers to live at her mom’s house as it is considerably closer to her new high school than dad’s, allowing her to participate in

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Complaint for Modification of Child Support

Representing the former Wife, in opposition to the Husband’s complaint, seeking to reduce child support.   During the course of the proceeding, it was learned that Husband represented by way of affidavit in a collateral proceeding that his gross monthly income was substantially higher than as represented on his rule 401 financial statements.   Mother through counsel conducted discovery, seeking former Husband’s business records, which Husband failed to produce after being ordered to do so by the Court.  Mother filed a motion to dismiss for failure to comply with the Court’s discovery orders and for attorney fees, which was allowed.

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Common Myths in Massachusetts Family Law Every Parent Should Know

When it comes to divorcing and family law, things get complicated quickly. It’s essential to know your rights regarding your children. Presented here are some common myths every parent should be made aware of during divorce or custody proceedings. Myth: A parent’s failure to pay child support can result in the parent being kept from seeing the children Only a judge can determine visitation rights. If a parent fails to pay child support, the other parent is not automatically given the right to withhold visitation. The Court’s orders for visitation cannot be ignored simply because the child support account is two months or even two years delinquent. Myth: If a parent doesn’t agree with the court orders, they can move the kids out of state Once an action involving custody of children (divorce, domestic abuse, guardianship, etc.) is filed in Massachusetts, neither party can remove a child from the state without permission from the other parent or a judge. This act of moving a child out of state without permission can result in criminal charges. A modification with a compelling reason to move with the children, such as once-in-a-lifetime education, family, or work opportunity, must be filed to remove children from the state legally. Myth: He/She cheated on me, so I should get everything Infidelity is grounds for divorce in Massachusetts, however, in a divorce, a judge must consider many factors in making a decision, including all conduct of the parties during the entire marriage, good and bad. It is

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