Virtual visitation in Massachusetts

Some parents may have questions about virtual visitation, especially if it is presented as an option during child custody determinations. Virtual visitation often appeals to non-custodial parents who see it as a way to maintain frequent contact with their children between visits. However, many parents have misgivings about it, particularly if they believe custodial parents are using it as an alternative to traditional visitation. Virtual visitation allows for parents and children to communicate in traditional ways via non-traditional channels. This type of communication, which often involves the use of video chat software, instant messaging or social networking sites, give non-custodial parents the chance to read their children bedtime stories, help them with their homework, see awards or trophies from competitions or watch recitals or sports events in real time. Proponents of virtual visitation say that allowing parents to stay in regular contact with children and remain involved in their lives in this way helps strengthen and maintain the bonds between them. Some parents and family law experts have noted the potential for abuse of virtual visitation. Custodial parents may use regular virtual contact between non-custodial parents and children as a justification for limiting traditional visits. In addition, judges sometimes will allow custodial parents to make a long-distance move in case where it would not normally be warranted because parents may be able to avail themselves of virtual visitation. Though it is a useful supplement that can bridge the gap in between traditional visits, non-custodial parents in Massachusetts often have concerns

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Complex property division in Massachusetts divorce cases

The issue of property division often becomes contentious in Massachusetts divorce cases, and this is especially true when the assets involved are significant. Assets such as stock portfolios, artwork and real estate are often difficult to divide equitably, and sometimes reaching an understanding regarding their value is challenging. Experts may be called upon to assist with such valuations, but even experts sometimes find an agreement elusive. Massachusetts law requires marital property to be divided equitably, but that does not mean all assets must be allocated equally between the spouses. In many cases, the primary residence will not be sold, and the spouse who remains in the home will receive a smaller share of other assets. The unpredictable nature of appreciation is another consideration, and discussions about the division of assets that are expected to increase in value may become antagonistic. When an agreement can not be reached, a judge will decide what is fair. If you are contemplating a divorce, you may have concerns that go beyond how assets will be divided. Investments are often highly complex in nature, and you could face taxation issues if they are liquidated before maturity. You may also have concerns about business holdings if dividing stock equally would impact your ability to run a company effectively. Our extensive experience in high net-worth divorce cases makes us familiar with these issues, and we help our clients to remain focused on pragmatic considerations while we provide strong advocacy to protect your interests. If you are considering

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Financial considerations when a marriage ends

Many marriages in Massachusetts and across the nation end in divorce, and an individual should be prepared if they believe they are headed toward dissolving their marriage. If the couple has not established a prenuptial agreement, each person might consider hiring a financial advisor before they sign the divorce decree. In a high net-worth divorce, taxes and financial implications can seriously affect what each person walks away with when the marriage ends. Generally, assets can be transferred between married parties without tax implications. However, dividing some assets, such as stocks, art collections or mutual funds, can lead to serious tax penalties. A financial advisor, tax attorney, accountant or other professional can provide additional counsel regarding retirement funds, Qualified Domestic Relations Orders, Individual Retirement Accounts, federal and state income taxes, an estate plan or the dependency exemption for children. The most valuable joint asset for a couple will probably be their family home. The couple might choose one of three options: selling the home with an immediate division of the proceeds, selling the home with delayed division of the proceeds or a buy-out of the interest in the home by one party so that the other party keeps the home. In any of these cases, either partner can prevent payment of capital gains taxes by reinvesting the earnings from the home. However, in order for both parties to qualify, they must have both lived in the home for a certain amount of time. Otherwise, they risk losing their eligibility. During a

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Impact of property and debt division on credit

As a part of the property settlement in a Massachusetts divorce, the debts the couple have will also be divided in the divorce decree. When a debt is allocated to a spouse who fails to pay or pays late, the credit of the other spouse, if the debt was one that was held jointly, may be negatively impacted despite the order. Creditors are not parties to divorce actions, and as such, they can still hold anyone listed on an account liable for its balance. This can cause a problem in the event the spouse that is supposed to repay the debt according to the property settlement fails to do so. His or her late payments or non-payment can be reported on the other spouse’s credit report, and the company may initiate collection actions against either or both spouses. One option a spouse has in the event his or her ex fails to pay a debt that was required to be paid under the property division order is to file a motion for contempt with the family law court having jurisdiction over the divorce action. The court may then take steps to enforce its orders. When people are getting divorced, it may be a good idea to try to get their names off of any jointly held accounts, including debts for which they will not be responsible under the property settlement order. The marital property will include the debts incurred during the marriage, and those debts should be expected to be

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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

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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

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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

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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

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