Military parents face many unique complications and challenges, beyond those of non-military families. One matter that requires special attention is child visitation, which can be disrupted by deployments to other states or overseas.
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.
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.
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 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.
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.
A military spouse is entitled to varying degrees of continuing healthcare coverage, depending on whether they meet certain criteria.
If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record even if he or she has remarried if:
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.
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.
The goal of the legal process of divorce in Massachusetts is to end the marriage and decide issues such as:
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.
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.