Summer Parenting

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During summer school break, the questions of “what do to with the kids” is often a more difficult challenge with divorced or separated parents.  There are several issues that arise with issues of both the parenting schedule as well as legal custody that should be considered.  As with any parenting issue, parents must first carefully read their court orders and agreements as it often holds the answer to these questions.

Below a few of the more common questions are answered:

  • Can I ...
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Rental Properties and Divorce

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Rental properties are often considered a good long-term investment with potential for income each month from the tenants.  However, during a Massachusetts divorce process, rental income can present problems.  This is because the properties are assets that must be divided, and they are also sources of income that may be considered for support calculations.

When dividing property, the court will look at various factors surrounding the property when making determinations.  The Court can order the property sold, or can award the ...

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5 Considerations During a Divorce

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Any issue relating to family matters—divorce, separation, custody, support, alimony, property division—are highly emotional and difficult for even the most sensible individuals to navigate.  However, in most cases, not only do people have to deal with their own emotions, but have to interact with a current or former spouse who is as equally emotional, all the while trying to determine the best interest of themselves and their children.  Most people end up confused and exhausted, while trying to act reasonably ...

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Assignment of Income: When can a court assign unearned income?

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In cases where support is at issue in a Massachusetts divorce, whether it be child support or alimony, the court will look to evidence of the parties’ respective incomes.  For example, evidence can be in the form of financial statements, bank records, tax returns, and testimony, among other things.  There are cases, however, when a party may be earning less than they could otherwise be making if they had a higher-paying job.  The argument for these cases is that sometimes ...

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Businesses and Divorce

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DIVISION OF BUSINESS INTERESTS IN THE MARITAL ESTATE

Divorcing when one or both parties hold an interest in a business requires additional information, analysis and consideration.  Any business interests in which either spouse possesses is subject to division during divorce proceedings in Massachusetts, just as any other forms of property and assets, including the martial home, stocks and other investments, pensions, and personal property.  How the business is divided depends upon many factors, such as the extent of either spouse’s involvement ...

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Using a Parent Coordinator

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Do I need a parent coordinator?

When representing clients in family related matters, often the most difficult issue is child custody. In many situations, the issues that caused the marriage to break down in the first place related to disagreements around parenting, and these differences become even more amplified when trying to co-parent after separation. One possible solution helping address these issues is by using a parent coordinator in the appropriate situation.

What is a parent coordinator?

A parent coordinator is an independent, ...

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When Living Together Matters in Property Division

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While Massachusetts does not recognize “common law” marriage, living together can have an effect on each party’s legal rights and obligations should they later legally marry and then divorce.

When determining alimony and property division in a divorce case, one of the many factors a judge is required to consider is the length of the marriage (G.L. c. 208 §34). Typically the length of the marriage is the time from the date of marriage to the date of service ...

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Top 10 Questions New Clients Ask About Divorce

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When we meet with a new client who is facing the possibility of a divorce or paternity action, we are asked many of the same questions about the process.  In many aspects the divorce or paternity process will be the same, although there will be differences based upon the specific facts of the case and the personalities of parties and their attorneys. Below are ten of the most common questions that we receive from new clients on our initial meeting.

  1. How ...
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Family Law Matters Podcast Episode 6 — Estate Planning and Divorce

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In this Family Law Matters Podcast, estate planning attorney Bridget Murray of Cannon Murray Law providesFamily Law Matters Podcast Estate Planning some important information regarding estate planning and how a divorce can affect your current estate plan, and what changes should immediately be made after divorce.

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Parties Cannot Agree to Exclude Income in Child Support Calculations

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The court recently considered the issue of what income to include as part of Can Parties Exclude Income for Child Supportthe child support calculation, and whether a mother had validly waived a portion of the father’s income for purposes of calculating child support.

In the recent Hoegen case (Hoegen v. Hoegen, 14P1491), the parties were divorced by way of an agreement.  As part of that agreement, ...

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