CasesFather Retains Custody Rights in Contentious Modification Trial David Burgess, AttorneySituation A couple in western Massachusetts with three children had been divorced for several years. The custody agreement as part of the divorce was 50/50 with a parenting...
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Financial Settlement Saves Thousands of Dollars in High-Conflict Divorce Case
CasesFinancial Settlement Saves Thousands of Dollars in High-Conflict Divorce Case David Burgess, AttorneySituation Just two weeks before the scheduled trial date, the firm was retained to take over representation of one of the parties in a divorce case involving a...
Massachusetts Appeals Court Upholds Trial Court’s Judgment Relieving Husband from Payment Obligation Under Divorce Settlement Because of Wife’s Behavior
Rabinowitz v. Schenkman, 103 Mass. App. Ct. 538 (2023) Ordinarily, when divorcing spouses in Massachusetts divide their property, that division is final and may not be revisited. That principle is not absolute, however. In a recent appellate decision, the court...
How Court Timelines May Affect Your Family Law Matters
As family law attorneys, we work with our clients during some of the most difficult times in their lives. It is our commitment to listen, advise and assist in resolving family law matters, but when communicating with the courts, the timeline is not in our control. We...
Child Support Guidelines October 2021
On August 2, 2021, the Executive Office to the Trial Court published new Child Support Guidelines. The new Guidelines become effective on October 4, 2021. There are significant changes to the calculation of support as compared to the previous Guidelines published...
Case Alert: Restraining Orders in Massachusetts
District Court cannot refuse to extend a domestic abuse restraining order on the basis that another court had already ordered the husband not to abuse his wife; if the wife proves that she is reasonably in fear of imminent serious physical harm, the court should...
Attribution Of Income: When A Court Can Order Alimony Or Child Support Based On What A Person Ought To Be Earning, Rather Than What He Or She Is Actually Earning
In a divorce or paternity action, determining the amount of money to be paid as child support or alimony involves a calculation. In general, the higher the payor’s income and the lower the recipient’s income, the higher the court’s support order. Sometimes, when the...
Alimony: Assessing Ability to Pay and Need; Three Recent Appeals Court Decisions
Three recent appeals decisions address alimony in Massachusetts
What Are The Differences Between Good And Bad Prenuptial Agreements? Why Do The Courts Of Massachusetts Uphold Some And Not Others?
Two 2015 Massachusetts Appeals Court Decisions, Schechter v. Schechter, 88 Mass. App. Ct. 239 (2015), and Kelcourse v. Kelcourse, 87 Mass. App. Ct. 33 (2015), Demonstrate When Such Agreements Are Unenforceable. Parties getting married can agree in advance how their...
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