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In a recent case, Cohen v. Cohen, the Massachusetts Supreme Judicial Court ruled that Massachusetts had no jurisdiction to modify a California divorce decree to order college expenses and child support. This case is easily misunderstood as the decision is limited to a...
Pre-Nuptial Agreements are not automatically enforced. Pre-nuptial agreements in Massachusetts are enforced if they are fair at the time of the execution of the agreement and fair at the time of the enforcement of the agreement. Fairness at the time of the execution...
Massachusetts legislation protects homeowners from the unscrupulous contractor. They regulate who can do home repairs; how they contract with homeowners; in many cases, require a right of cancellation; limit the schudule of payments to the contractor; and mandate that...
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...
There is no perfect answer to this question. As long as one parent keeps fueling the alienation flames, the alienation will continue. Every case of parental alienation is different but the cause is the same. One parent uses the children as weapons to hurt the other...
The internet provides new opportunities to commit criminal acts. However, in many instances, laws that were not designed for the internet provide remedies. A recent case illustrating use of a traditional law to punish internet conduct is Commonwealth v. Johnson, 470...
In Massachusetts divorces health insurance is a priority concern for judges. It is standard practice to provide health insurance for children until they are emancipated. In addition, unless there is a remarriage, health insurance is usually provided for an ex-spouse...
Sometimes people die under circumstances where their body can't be found or can't be reached. Years ago I probated the estate of a man who sailed his boat into a hurricane and was never found. A few years ago there was a story in the news of a man in Florida who fell...
The Massachusetts Appeals Court ruled in the case of Vaida v. Vaida, 86 Mass. App. Ct. 601 (2014) that a father did not have to pay child support for his adult physically disabled child. At first glance, this case seems to establish that a physically disabled child...
There is no longer a need to request a restraining order to prevent a former partner from distributing naked pictures of a person. On June 20, 2024 Massachusetts enacted a law entitled “An Act to prevent abuse and exploitation” This law creates criminal penalties for...
