February 23, 2012

Family & Divorce Blog

Strained to the Limit: Massachusetts Probate and Family Courts

How Does that Affect Your Divorce?

With no immediate likelihood of hiring new judges or law clerks, the impact of losing twenty percent (20%) of Massachusetts Probate and Family Court judges and sixty percent (60%) of the law clerks will continue to have a significant impact on divorcing couples utilizing the Massachusetts court system for resolution of their cases.

In a system that saw 156,000 new case filings this year, the inability of judges and staff to keep up with the caseload is causing delays in the processing of filings and orders, delays in obtaining hearing dates, and increases in the amount of cases that judges must hear on their motion days. Due to the Court’s reduction in public access hours, following up on cases usually leads to attorneys having to travel to the court to obtain answers. This all leads to an increase in the cost for the average client. The attorneys are spending significantly more time in court tracking down files, personally hand-filing new complaints or motions, and waiting for their cases to be called for hearing before the judge.

There is a silver lining to all of these reductions and delays. More divorcing couples and attorneys are turning to collaborative law and divorce mediation as a cost effective alternative — Cost-effective in both time and money. Furthermore, the Probate and Family Court is encouraging these methods of resolution with more stream-lined procedures that will be rolling out in 2012. Before entering the overloaded court system, research whether collaborative law or divorce mediation are a good fit for your situation. To find out more information, contact Attorney Michael Doherty or Attorney Michelle M. Raymond.

Do I have to wait until the restraining order expires to see my children?

Additional information: My ex obtained a 209A restraining order against me in Worcester district court which grants custody and prevents me from seeing my children.  Do I have to wait until the restraining order expires to see my children?

While the 209A restraining order is in effect, you must follow all of the orders or risk criminal prosecution.  However, although the Worcester district court may issue a 209A restraining order which awards custody to one parent, the probate court may issue an order providing for custody and visitation with the child.  A probate court order for custody and visitation has the effect of superseding the district court order and changing any provisions relating to child custody and visitation.

If you have questions regarding visitation rights or child custody issues, contact the Massachusetts family law attorneys at DCDC Law for a consultation.

Our child custody attorneys serve Worcester County and represent clients throughout Massachusetts.

The Worcester County child custody lawyers at our firm are located in Franklin and Medfield and serve the Greater Boston MetroWest region and the neighboring towns of Bellingham, Milford, Upton, Hopedale, Holliston, Medway, Millis, Medfield, Norwood, Walpole, Sharon, Foxborough, Wrentham, Easton, Mansfield, North Attleboro, Norton, Plainville, Raynham, Taunton, Attleboro, Seekonk, Rehoboth, Uxbridge, Whittensville, and Worcester.

The Impact of Remarriage on College Financial Aid

Some colleges are now requiring not only both parents’ financial information regardless of whether they are custodial or non-custodial they are also requiring each parent’s spouse’s financial information as well.  Have you planned for this in your divorce agreement?  For more information about financial aid see the article “Before You Say ‘I Do,’ Consider Financial Aid for College” by Todd Weaver, a college financial advisor.

If you have questions or concerns about how this may affect your situation, please contact Massachusetts family law lawyer, Attorney Michelle Raymond at mmr@dcdclaw.com or 508-541-3000.

Massachusetts Court Locations Adjust Public Office Hours

September 6, 2011

The Chief Justice for Administration and Management has announced new public office hours for many courts around the Commonwealth of Massachusetts.  Specifically, the Probate & Family Courts across the state will be adjusting their public office hours as follows:

“Registry counter services and phone coverage will be restricted after 3 p.m. Monday through Friday.  This applies to any court business EXCEPT emergency restraining orders and other emergencies.   These new hours of operation will become effective on September 19, 2011.” Read the official press release (opens PDF)

Does Massachusetts law allow a parent to withhold child support?

Additional information:If a parent refuses to allow the other parent visitation with the child, does the law allow a parent to withhold child support?

No, if a parent is denied court-ordered visitation, he or she does not have the right to withhold child support based on the inability to visit with the child.  Similarly, if a parent refuses to pay child support, the custodial parent does not have the right to withhold court-ordered visitation.  The parent seeking to enforce his or her rights under the court order must file the appropriate action with the probate court.

If you have questions regarding visitation rights or child support terms, contact the Massachusetts family law attorneys at DCDC Law for a consultation.  [Read more...]

Passage of the New Massachusetts Alimony Reform Bill

August 2011

Recently, the Massachusetts legislature passed the long awaited Alimony Reform Bill which is now awaiting signature by Governor Patrick.  Once Governor Patrick signs the bill into law, it will have significant impact on currently pending divorce cases and outstanding alimony orders in specific circumstances. Divorced couples will want to pull out their agreements with one question in mind – How does this law affect my alimony payment?   The bill  outlines the duration of alimony awards, prohibits the use of a second spouse’s income or assets in assessing an alimony award, sets a presumption that alimony will terminate upon attaining full retirement age, terminates alimony upon remarriage and certain cohabitation and considers child support in the determination of the amount of alimony.  The length of a couple’s marriage will now determine the length of time alimony is paid.  For marriages lasting more than twenty years, the courts may still have the ability to issue lifetime alimony awards but the courts are no longer required to issue lifetime alimony awards.

[Read more...]

What is Massachusetts law regarding the payment of child support for a child who is over the age of eighteen?

Child support may be awarded for a child eighteen years of age until the child’s twenty-first birthday if the child resides with the recipient parent and is principally dependent upon that parent for support.  Child support may continue through the age of twenty-three if the child continues to reside with the recipient parent and is principally dependent upon that parent for support due to the child’s enrollment in an educational program.  In setting a child support order for a child over the age of eighteen, the court must consider certain specified factors which include: the reason for the child’s continued residence with and dependence on the primary parent, the child’s academic circumstances, child’s living situation, the available resources of the parents, the costs of post-secondary education for the child and the allocation of those costs between the parents, and the availability of financial aid.

If you have questions regarding child support in Massachusetts, contact Massachusetts family law lawyer, Attorney Maria Rockwell for a consultation.

How Do I Take Control Of My Divorce?

For most people going through a divorce, this is the most out-of-control they have ever felt over their lives. Part of that overwhelming sensation of being out-of-control is when the court is deciding their fate – how their children will be raised, how their money or debt will be carved up and who will live in their house. Divorcing couples who submit their contested divorce to the court are passing over the control of their lives and children to overworked judges to make these important decisions. Now with the Massachusetts Probate and Family Court system losing 20 percent of its judges in 2011 alone, the judges will have even less time to focus on each case, many times less than 20 minutes in a courtroom. Thankfully, there are alternatives – Mediation and Collaborative Law which allow divorcing spouses to retain and rebuild control over their lives and children.

If you would like to learn more about how to take control of your divorce, contact Massachusetts divorce attorney Michelle Raymond to better understand your options.

 

How can a custody or child support judgment be changed or modified?

The parent who requests a change to the judgment must file a Complaint for Modification.  In order for a parent to successfully alter a judgment, he or she must demonstrate a material and substantial change of circumstances since the entry of the last judgment.  These changes of circumstances could include the loss of a job, an increased ability to pay, a child entering college, a child’s special needs, a parent’s inability to support the child’s relationship with the other parent or a parent’s inability to properly care for the child.

If you have questions regarding the modification of child custody or child support terms of your divorce, contact Massachusetts divorce lawyer, Attorney Maria Rockwell for a consultation.

What are the Dangers of DIY (Do-It-Yourself) Divorce?

There is a new dangerous trend of DIY Divorce packages that are appearing on the internet. These packages claim to provide for a minor fee all the required documents that a couple needs to complete and file a divorce in Massachusetts on their own. DIY Divorce is like DIY Electrical Repair . . . at some point you are going to get burned. Not only do many of these forms not contain the basic protections that should be in place, but they cannot explain how the laws apply to each spouse and their children. Each situation has its own unique challenges that legal counsel can assist the parties to understand and resolve in a manner that makes sense to them, not the person who wrote the computer program. The results from some of these DIY packages have been disastrous — many times leading to a divorced spouse having to claim bankruptcy or lopsided agreements that lead to years of court involvement.

If you are considering using these DIY Divorce packages, consider consulting divorce attorney Michelle Raymond to discuss your options, including collaborative law or divorce mediation.

Attorneys in Franklin Massachusetts and Medfield MA lawyers

The Massachusetts attorneys of Doherty, Ciechanowski, Dugan & Cannon provide legal services to Massachusetts businesses, families, and individuals in the practice areas of business law, criminal defense, divorce and family law, employment law, estate planning, personal injury, real estate, and litigation matters.

Our attorneys represent clients throughout Massachusetts and in every county of Massachusetts including Norfolk County, Suffolk County, Worcester County, Bristol County, Middlesex County, Plymouth County, Hamden County, Essex County and Barnstable County. Our attorneys represent clients in Massachusetts’ largest communities including the cities of Boston, Worcester, Springfield, Lowell, Cambridge, Brockton, New Bedford, Fall River, Lynn, and Quincy.

Our law offices are located in Franklin and Medfield and serve the Greater Boston MetroWest region and the neighboring towns of Bellingham, Milford, Upton, Hopedale, Holliston, Medway, Millis, Medfield, Norwood, Walpole, Sharon, Foxborough, Wrentham, Easton, Mansfield, North Attleboro, Norton, Plainville, Raynham, Taunton, Attleboro, Seekonk, Rehoboth, Uxbridge, Whittensville, and Worcester.