In 2012 Massachusetts divorce law changed by implementation of an Alimony Reform Act. A recent case, George v. George, interpreted and explained a portion of the law known as durational limits. Under prior law, alimony was awarded for life or until a material change...
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The Massachusetts alimony law – a deal is a deal
In 2011 Massachusetts enacted an alimony reform law. This law changed many aspects of alimony including imposing termination of alimony when the payor reaches the maximum retirement age and when the payee cohabits. Since enactment of this law, lawyers and Judges have...
Child support agreements need court approval
Previously, I wrote about the dangers of parents making an agreement for child support and not seeking approval from a court. A recent case, Zizza v. Zizza, from the Massachusetts Appellate Division (Oct. 27, 2014) is an example of the problems created when parents...
My ex and I agree to change the terms of our divorce. Do we have to go to court?
Once a Massachusetts Court has made an order or judgment in a divorce or paternity case it is enforceable by all of the powers of the Court and State for enforcement of judgments. This means that any change must be approved by the Court. Of course minor changes in the...
Does Massachusetts have a new standard for modification of child support?
A recent case in Massachusetts, Morales v. Morales, decided March 12, 2013 SJC # 11104 is described as changing the standard for modification of child support. While this is clearly an important case, in my opinion, it does not change the law. The traditional law of...
Is my divorce (or paternity) judgment final for child custody and child support?
In almost all court judgments, once the judgment is final it can't be changed. This rule does not apply to issues involving child welfare and support. If there is new conduct or events that affect the best interests of a child, the Court has the power to change the...
Bribe your ex-spouse
After divorce, parties frequently feel the need to change the terms of the separation agreement or divorce judgment. The easiest way to change the divorce terms is to enter into an agreement with your ex-spouse. Unfortunately, the ex may not agree even though you are...
My ex-spouse brought me back to court. Do I have to show my new spouse’s income on my financial statement?
A complaint for modification of child support will require both parties to file financial statements. The latest version of the financial statement has a line to show contribution from other household members. This would include a spouse or a roommate if they pay a...
What effect does remarriage have on child support?
In most cases, remarriage has no effect on a prior child support order. However, where the new spouse has high income or assets, this could be different. Child support is based on certain concepts. One of them is that each parent has to use their income for their own...
