Recognizing a child's need/right to receive financial support from both parents - even when those parents are apart - the DOR employs various methods to assist families in enforcing court-ordered child support obligations. For example, upon receipt of a Court's child...
Divorce
Appeals Court Articulates Standard For Barring Contact Between Children And Third Parties In Divorce Cases
The Massachusetts Appeals Court recently issued a decision in a divorce case called Jankovich v. Jankovich. It was a Rule 1:28 decision, which is primarily directed to the parties and, therefore, may not fully address the facts of the case or the appellate panel's...
“Divorce Selfie” Explosion Bucks Trend of Damaging Use of Social Media in Family Law Cases
With the explosion of social media over the last decade, evidence from Facebook, Twitter, MySpace, and Instagram is now routinely used in divorce cases, shedding light upon critical factors such as a party's spending habits, irresponsible behavior, or failure to make...
Financial Stress and Divorce
Financial stress is often cited as a leading cause of divorce. Financial stress can have an extreme impact on a relationship. It can eventually wear away at the love and affection that one has for another because of how consuming the issue can be in someone's life -...
“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...
Court Deviates From Durational Limit With Extension Of Alimony Paid To A Disabled Spouse
Since the enactment of the Alimony Reform Act of 2011 (the "Act"), alimony awards once considered ambiguous or lifetime entitlements are now subject to specific, durational time limits based upon the length of the parties' marriage. But, under what circumstances might...
Mine, Yours or Ours? Ownership of Property During the Marriage and Upon Death or Divorce
Many married couples give little thought to the issue of which party "legally owns" property acquired during the marriage or the impact that legal ownership may have upon the distribution of assets in the event the marriage ends by death or divorce. Some couples...
You Just Got Divorced. Is Your Ex Now Allowed To Sue You Too?
In a recent case, the Massachusetts Appeals Court explored the issue of preclusion - once a person has gotten divorced, can his or her ex-spouse sue them for related conduct? The answer is yes, but not always. The Appeals Court explored both sides of res judicata -...
Parenting Coaches
When parents of minor children separate, and have to establish appropriate parenting plans and make joint legal custodial decisions that are in their children's best interests, it is helpful to engage the services of mental health professionals, who can serve as...
Post-Divorce Series: Modification
To make it easier for parties who enter written agreements for modification to have such agreements incorporated into enforceable court judgments or orders, Rule 412 has been expanded beyond judgments and orders regarding solely child support, and now include...
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