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January 2015 Archives

Shared Custody Arrangements and Choice of School District

The issue before the Superior Court in Ames v. Town of Wayland, was to determine whether a town could refuse to enroll a child of a divorced resident in its public school solely on the ground that on most school nights the child slept at his mother's home in another community pursuant to the terms of a joint custody agreement.

Child Custody Issues: Legal and Physical Custody

A divorce has a profound effect on the children involved. When making a determination of whether the issue of custody should be raised in a divorce action, it is important to know the differences between legal and physical custody.

Division of Military Retirement Pay: Remedies for Post Divorce VA Waivers

Congress enacted the Uniformed Services Former Spouses' Protection Act (USFSPA), allowing the division of military retirement pay in a divorce, but specifically prohibiting the division of VA disability pay.

Guardianship and Less Restrictive Alternatives

Guardianship is a legal means of protecting children and " incompetent adults" who cannot take care of themselves, make decisions that are in their best interest, or handle their assets due to a physical or mental disability. 

Divorce and Special Needs Planning: When a party in a divorce has a disability or has a child with a disability

Parents who are disabled, as well as parents of children with disabilities, have special planning needs which need to be addressed if the parties are in the midst of a divorce.

Domestic Violence Law in Massachusetts

An Act relative to domestic violence signed into law on August 8, 2014, establishes new criminal offenses related to domestic violence, creates new legal protections and imposes training requirements for judges and court personnel became effective August 8, 2014. 

Modification of Alimony Obligations

A case of first impression, Lalchandani v. Roddy, was heard by the Supreme Judicial Court to determine whether under the Alimony Reform Act of 2011, a payor spouse who has reached full Social Security retirement is entitled to modification of his alimony obligation, where that obligation stems from a separation agreement that survived entry of the divorce judgment.

Military Retirement Benefits: Pros and Cons of the Survivor Benefit Plan

Upon death, the service member's right to receive retirement pay terminates. The Survivor Benefit Plan (SBP) is an annuity program that allows retired or retirement-eligible active duty service members to provide continued income to specified beneficiaries at the time of the participant's death.  

Post minority Child Support in Massachusetts

Recently the Massachusetts Appeals Court provided clarity as to under what situations would permit a child support order to continue past age twenty-three. In the case, Vaida v Vaida, the plaintiff (mother) appealed seeking that the defendant (father) pay Post minority child support for their twenty-three-year-old physically disabled son.

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Bedford, MA 01730
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