In Davae v. Davae, the husband was a licensed physician, board-certified in the field of diagnostic radiology. While practicing at a medical center, the husband started a teleradiology business. The husband left his hospital practice and started working at his...
Family Law
New Child Support Guidelines Will Become Effective On October 4, 2021
In accordance with federal regulations (i.e., 45 CFR, § 302.56), the Massachusetts Child Support Guidelines Task Force has completed its quadrennial review of the Massachusetts Child Support Guidelines (“Guidelines”). On August 2, 2021, the Trial Court released...
When can a child’s name be changed?
In a recent decision by the Appeals Court of Massachusetts, Gomes v. Candido, the court clarified the standard that is used when two parents disagree about their child’s surname. In the trial court, the parents, who were unmarried but in a relationship when the twin...
Can One Party in a Divorce Action Be Held in Contempt for Failure to Communicate “Respectfully” With Their Ex-Spouse?
This issue was addressed in a recent Massachusetts Appeals Court Memorandum and Order Pursuant to Rule 23.0. In the unpublished case of Parker v. Parker, the Appeals Court considered whether or not the defendant father could be held in contempt for failing to...
What is the Standard for Civil Contempt?
In Tsavidis v. Tsavidis (Memo and Order Pursuant to Rule 23.0, June 7, 2021), the Massachusetts Appeals Court affirmed the Probate and Family Court’s finding that there was no contempt by the mother. Pursuant to the father and mother’s Separation Agreement, the father...
Implications of Working Out-of-State on Shared Parenting Plans
The increase in housing prices in Massachusetts and the ability to work remotely has afforded many people the opportunity for out-of-state home ownership in lower cost-of-living locations. However, for parties with a shared parenting plan the calculus surrounding...
Appeals Court Draws Further Distinction Between A Clerical Error And Substantive Error In A Judgment
In the recent case Keohan v. Whalen, the parties’ original divorce judgment provided that alimony would be calculated based on the difference of the parties’ earned income by applying the following percentages: Difference in the Parties’ Earned Incomes % - Up to...
Can Court-Ordered Restrictions on Co-Parenting Communications Violate a Parent’s Constitutional Rights?
The short answer, according to a recent Appeals Court Memorandum and Order Pursuant to Rule 23.0, is yes. In the unpublished case of Sanavage v. Chavis, the parties were never married and were the parents of one child together. Following a trial on the father's...
What Happens to My Health Insurance Post-Divorce?
In many divorce cases, the parties and their children maintain common health insurance coverage, often through a plan that is available as the result of one party's employment. If both parties are employed at the time of their divorce, then it is commonplace for each...
Discovering “Hidden” Assets in a Divorce
It is natural for a couple going through a contentious divorce to lack trust in each other. Accordingly, one of the first questions that a divorcing party will often ask their attorney is how they can be sure that their soon-to-be-ex-spouse has fully and fairly...
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