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Divorce & Family Law: July 2015 Archives

Child Support When Combined Gross Income Exceeds $250,000

In a recent decision, a panel of the Massachusetts Appeals Court considered a Probate and Family Court's modification judgment ordering the payment of additional child support that was calculated based upon the portion of the parties' joint income in excess of $250,000.  Martin v. Martin, 87 Mass. App. Ct. 1119 (2015) (pursuant to Rule 1:28).  

Changing the Vocabulary Around Non-Custodial Parenting

In negotiating parenting plans for nearly 20 years, I have gradually eliminated a few different words from my vocabulary.  For example, it's been a long time since I've used the words "visit" or "visitation" to describe what a non-custodial parent does when he or she is with his or her children - regardless of whether it's related to a Wednesday night dinner, a full weekend of overnights from Friday pick-up to Sunday night drop-off, or an extended period of vacation.  

"A House Divided": Determining the Disposition of the Martial Home Upon Divorce

Abraham Lincoln has famously stated that "a house divided against itself cannot stand"; and the disposition of the marital home is often one of the most contentious issues in a divorce case.  In many cases, the marital home represents the couple's most significant asset (other than retirement assets) and deciding how to distribute the property can be thorny, particularly as the mortgage lender will continue to consider both parties jointly obligated until the property is either sold or refinanced.

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