One of the main issues facing divorcing and separating parents in Massachusetts is to establish a parenting plan when each party provides care and custody for his or her children. When you are left with less parenting time than you hoped for, it can feel like you will...
Month: September 2016
Automatic Restraining Orders During a Massachusetts Divorce
Upon the filing a Complaint for Divorce, both parties become subject to the Automatic Restraining Order under Massachusetts Supplemental Probate and Family Court Rule 411. This rule prohibits each party from dissipating assets, burdening the other party with debt,...
How to Make the Most of Supervised Parenting Time in Massachusetts
In some of many cases, the time that a parent spends with their children is modified by requiring third party supervision.Frequently enforced by court order, supervised parenting time involves scheduled appointments for parent-child contact that will be monitored in a...
Tax Deduction for Legal Fees Regarding Alimony/Spousal Support in a Massachusetts Divorce
Generally, you cannot deduct legal fees for divorce, custody and other related matters for a Massachusetts divorce. However, the IRS permits a deduction for the legal advice you received from your lawyer relating to alimony/spousal support.Spousal support is generally...
Can Your Spouse Obtain Your Medical/Therapy Records in a Massachusetts Divorce?
During a Massachusets divorce the issue of whether the other parent can effectively care for the children due to their mental illness is a hotly contested issue.Medical and therapy records contain private, sensitive and potentially embarrassing information that you...
Marital Home Tax Issues in a Massachusetts Divorce
When both spouses use the marital home as their primary residence in Massachusetts for two out of the last five years prior to the time of the sale of the residence, each spouse may take up to $250,000 as an exclusion of any potential gain when the property is...
Military Pension Clauses: Fixed Dollar vs. Fixed Percentage
Often a Massachusetts military client will ask the lawyer to find out the best way to divide a retired pay so that the former spouse receives as little as possible. This client is specifically requesting that a fixed dollar be awarded to the former spouse.In Search of...
Requests for Admissions: An Underutilized Tool in a Massachusetts Divorce
Requests for admission are very valuable yet underutilized tool in a Massachusetts Divorce. They're one of the best techniques to create admissible evidence for summary judgment and trial.With requests for admission, you can take an evidence shortcut by getting the...
Massachusetts Alimony Reform and Cohabitation
Under the Massachusetts Alimony Reform Act, if a spouse who receives alimony begins to cohabitate with another person, then alimony may be modified or terminated under the new law.In cases involving General term alimony, a payor spouse may modify or terminate his or...
In a Massachusetts Divorce, Who Pays the Attorney Fees?
A Massachusetts divorce has many costs, not the least of which are the attorney fees incurred by each party. But it's not always the incurring party who has to foot his or her attorney's bills.A party without the financial ability to hire an attorney can ask the court...