Moving Out of State with a Child When You Share Custody in Massachusetts: What Parents Need to Know

David M. Gabriel & Associates

In Massachusetts, shared or split custody arrangements aim to give both parents significant roles in their child’s life. But when one parent wants to relocate to another state, it introduces a complex legal issue that courts take very seriously. If you’re researching whether you can move out of state with your child while sharing custody, it’s essential to understand your legal responsibilities and rights. What Is Split Custody? Split custody typically refers to arrangements where both parents share physical custody (the child lives with both parents for substantial time) and/or legal custody (both parents share decision-making). These agreements are often detailed in court-approved parenting plans or custody orders. In such cases, neither parent can unilaterally move a child out of Massachusetts without either the other parent’s consent or a court order. Legal Requirements for Relocation Under Massachusetts General Laws Chapter 208, Section 30, a parent who shares custody must seek permission from the other parent or the court to relocate a child out of state. This process is known as a “removal” request. Steps Required: Notice to the Other Parent – The relocating parent must notify the other parent of the proposed move. Consent or Court Order – If the other parent agrees, the move can proceed with mutual consent. If not, the parent must file a complaint in family court. Best Interests of the Child Standard – The court evaluates whether the move is in the child’s best interests, considering the emotional, developmental, and educational impact of the relocation. What Courts Consider When Deciding

Can I Afford to Get Divorced? Legal Options for Financially Dependent Spouses in Massachusetts

David M. Gabriel & Associates

Ending a marriage is difficult under any circumstances, but it becomes even more daunting for those who rely on their spouse for financial support. Many people—especially stay-at-home parents—dedicate years to managing the household and raising children, often sacrificing career advancement or income. When divorce becomes inevitable, the fear of losing financial security can be paralyzing. Fortunately, Massachusetts law offers protections for spouses in this situation. When a Spouse Controls the Finances It’s not uncommon for one spouse to control all the household finances while the other lacks access to income or bank accounts. In some cases, the higher-earning spouse may attempt to intimidate or pressure the other by threatening to cut off funds, stop paying bills, or refuse to pay for housing or groceries. This is often a form of financial intimidation, and it can be used to delay or discourage the dependent spouse from filing for divorce. However, Massachusetts courts are well aware of this tactic. Judges are prepared to step in to ensure that one spouse does not unfairly use money as leverage during the divorce process. Understanding Your Rights Under Massachusetts Law Massachusetts treats most assets and income acquired during the marriage as marital property, regardless of whose name is on the paycheck or account. This means both spouses have a claim to the financial resources accumulated during the marriage. Here are key legal protections available to financially dependent spouses: Temporary Support Orders: After filing for divorce, a dependent spouse can ask the court for temporary spousal support (alimony) or temporary child

Navigating Divorce After Decades: A Guide for Empty Nesters in Massachusetts

David M. Gabriel & Associates

For couples who have shared a life together for 20, 30, or even 40 years, the decision to divorce can be both emotionally and financially complex. Often referred to as “gray divorce” or “empty nester divorce,” these separations frequently occur after children have grown and left home, revealing divergent paths and interests between spouses. In Massachusetts, understanding how the law addresses long-term marriages is crucial for those considering this life transition. Understanding Equitable Distribution in Massachusetts Massachusetts follows the principle of “equitable distribution” when dividing marital property during a divorce. This means that assets are divided fairly, though not necessarily equally. In long-term marriages, courts often lean toward an equal split, but several factors influence the final decision: Length of the marriage Age and health of each spouse Income, employability, and vocational skills Contributions to the marriage, including homemaking and child-rearing Conduct during the marriage Future financial needs and opportunities Notably, Massachusetts courts have the authority to consider all property owned by either spouse, regardless of when or how it was acquired. This includes assets obtained before the marriage, gifts, and inheritances, especially if they were commingled with marital property or used for the benefit of the marriage. Key Considerations for Empty Nester Divorces Divorces later in life come with unique challenges and considerations: Division of Retirement Accounts Retirement savings are often among the most significant assets in a long-term marriage. In Massachusetts, these accounts are typically considered marital property and subject to division. The court may issue a Qualified

Massachusetts Child Support for Unmarried Parents

David M. Gabriel & Associates

Ensuring that a child receives financial support is essential, regardless of the parents’ marital status. In Massachusetts, both parents have a legal obligation to contribute to their child’s financial needs, whether they were married or not. For unmarried parents, obtaining child support can be a complex process that involves establishing paternity, calculating support obligations, and enforcing court orders when necessary. Understanding the legal process can help custodial parents secure the financial assistance their child is entitled to. Establishing Paternity: The First Step Before child support can be ordered, paternity must be legally established. Massachusetts law provides multiple ways for unmarried parents to confirm paternity. The most straightforward method is signing a Voluntary Acknowledgment of Paternity (VAP) at the hospital when the child is born or at a later time through the Registry of Vital Records. This document legally recognizes the father and grants him rights and responsibilities toward the child. If there is any dispute about paternity, either parent can file a petition with the Massachusetts Probate and Family Court to request a court-ordered DNA test. Establishing paternity not only allows a custodial parent to seek child support but also ensures the child can benefit from parental health insurance, inheritance rights, and other legal protections. How Child Support is Calculated in Massachusetts Massachusetts follows the Child Support Guidelines, which provide a framework for calculating support based on both parents’ incomes and other financial circumstances. Factors considered in the calculation include: The gross income of both parents. The number of children requiring support. The amount of parenting time each parent spends

Massachusetts SJC Changes Alimony and Child Support Calculations

David M. Gabriel & Associates

The Supreme Judicial Court’s recent decision in the case of Cavanaugh v. Cavanaugh has had a major impact on how alimony and child support are calculated in Massachusetts family court cases. The court’s decision, which was issued in June 2022, has revised the way in which income is considered when determining support payments, and has introduced a new approach to calculating alimony and child support in cases where both elements of support are involved. One of the key changes brought about by the Cavanaugh decision is the inclusion of employer contributions to retirement as income when determining support payments. This decision has significant implications for those who are going through a divorce, as it will impact the amount of support that is paid. Those who are seeking support payments, or who are going through a divorce, should understand the implications of this decision and be prepared to consider the impact of employer contributions on their support payments. Calculating Alimony and Child Support Another important aspect of the Cavanaugh decision is the introduction of a new approach to calculating alimony and child support in cases where both elements of support are involved. Previously, child support was calculated first, which often made an alimony calculation unnecessary. However, under the Cavanaugh decision, alimony should be calculated first. This new approach involves adding the alimony payment to the payee’s income and subtracting it from the payor’s income, and then using these new incomes to run the Child Support Guidelines. In September 2022, the SJC

The Types of Alimony and The Mistakes to Avoid During Alimony Negotiations

David M. Gabriel & Associates

Not all divorce cases result in court-ordered spousal support, also known as alimony. If you believe alimony will come up during your divorce, there are a number of things to bear in mind. Individuals who are divorcing or are divorced can request and receive spousal support payments. Alimony is paid by the spouse with higher means to supplement a spouse who needs support. 4 Types of Alimony There are 4 different types of alimony that the Court can award: General term alimony payments depend partly on the length of the marriage. Support is paid regularly to a financially dependent ex-spouse. Rehabilitative alimony is provided for a predicted time to an ex-spouse who’s expected to be able to support themselves. Reimbursement alimony support can be paid to an ex-spouse who helped cover expenses enabling the paying spouse to complete an education or job training. Payments can be made regularly or one time, but only applied to marriages lasting no more than 5 years. Transitional alimony may be paid regularly or one time to help the spouse receiving the alimony to settle into a new lifestyle or location as a result of the divorce. This type of alimony only applies to marriages lasting no more than 5 years. Whether contemplating or filing for divorce, both parties should be familiar with common pitfalls to avoid during alimony negotiations. Mistake #1 Hiding Money It’s a mistake to spend a lot of money prior to going to court in an attempt to pay less in

Hiring The Best Divorce Lawyer To Represent You Through Your Divorce

David M. Gabriel & Associates

Accepting that your marriage is over isn’t easy, but finding the right divorce lawyer should be! Just because their website includes divorce does not mean a particular attorney is right for you. There are many considerations when selecting the best divorce attorney for your case and the fact they practice family law is simply not enough. This article will outline essential questions you should ask when consulting or interviewing a divorce lawyer for the first time. Attorneys aren’t one-size-fits-all and it’s important to have a connection with your attorney, feel comfortable and confident when working with them, and of course be assured they know the law, the process, and the court. Before diving into your search, be aware that divorce attorneys cannot guarantee outcomes or predict the total cost of a case. However, an experienced divorce lawyer should be able to walk you through options, establish a roadmap, and set appropriate expectations that help you prepare for the length, expense, and potential results of your case. Start your search by identifying several divorce lawyers in your area. After doing your due diligence such as researching their experience and reading client reviews, make contact with your top choices. You should ask for a case evaluation which is often offered by phone at no cost and is an opportunity for the attorney to better understand your situation as well as for you to ask questions to help determine your comfort level in working with this attorney. Make a list of questions to

Can my 14-year-old decide to live with my ex?

David M. Gabriel & Associates

As a divorcing parent battling over custody, there is always the fear that your child will decide they would rather live with the other parent. Even once custody has been determined, parents worry as children get older, they will want to move in with the other parent. Rest assured that minor children can’t make legal decisions, such as where they want to live. It is a common misconception that once a child reaches a certain age, they can decide which parent to live with. In truth, those responsible for determining custody are the parents or a judge if the parents can’t agree. Any child under the age of 18 does not have the final say in where they will live. While a judge may consider an older child’s wishes, a child’s opinion is only one factor. Ultimately a judge will be guided by what is in the best interest of the children involved. Some factors considered may include: each parent’s preference each parent’s ability to provide the child with food, clothing, and a safe home the health and mental wellness of each parent and the child adverse effects a child’s present or past living conditions may have had on the child’s physical, mental, moral, or emotional health When determining custody, neither parent begins with any greater right to custody than the other. The final decision is guided by the children’s welfare and happiness. Minor children cannot override an agreement made between parents or by a judge.

divorce

Moving Out of State with a Child When You Share Custody in Massachusetts: What Parents Need to Know

Can I Afford to Get Divorced? Legal Options for Financially Dependent Spouses in Massachusetts

Navigating Divorce After Decades: A Guide for Empty Nesters in Massachusetts

Massachusetts Child Support for Unmarried Parents

Massachusetts SJC Changes Alimony and Child Support Calculations

The Types of Alimony and The Mistakes to Avoid During Alimony Negotiations

Hiring The Best Divorce Lawyer To Represent You Through Your Divorce

Can my 14-year-old decide to live with my ex?

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