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 in...
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Alimony and Taxes
Family law attorney Erin Nielson is joined by fellow Wilchins Cosentino & Novins attorney John Donahue to discuss federal and state tax treatment of alimony. https://youtu.be/UZmyaNscM-M Some quick takeaways: Agreements entered into after December 31, 2018,...
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...
How do I stop paying child support in Massachusetts?
In Massachusetts, your obligation to pay child support may end for a variety of reasons: Your child moved in with you.Your child no longer resides with your ex.Your child has been adopted.Your child is emancipated. For example if your youngest child graduated from...
Getting Permission to Move out of State with Your Child
Over the last half century, society has become much more mobile. According to recent Census data, the average American moves 11.7 times in their lifetime. But what happens if you share a child with someone and you are no longer living with that person? Can you just...
Alimony: Assessing Ability to Pay and Need; Three Recent Appeals Court Decisions
Three recent appeals decisions address alimony in Massachusetts
Massachusetts Custody Orders and the Coronavirus
We have received many questions regarding parenting plans and visitation given the stay at home advisory issued by Governor Baker. Last week, John D. Casey, the chief justice of Massachusetts’ probate and family court issued an open letter regarding the issue:...
A Quick Glance at Child Support in Massachusetts
Many people have the same questions about Child Support. Here are answers to some of the questions I hear most frequently in my practice. Will I have to pay support on my bonuses or commissions? The Child Support Guidelines define what is “income” for the purposes of...
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...