Divorce & Family Law: April 2013 Archives

Modification of Child Support: What legal standard should be applied in a child support modification action?

On March 12, 2013, the Supreme Judicial Court ("SJC") in Morales v. Morales - SJC-11104 ruled that a divorced parent need not prove the widely recognized legal standard of "material and substantial change in circumstance" in order to modify a child support order in the Massachusetts Probate and Family Court.

Domicile

The domicile statute in Massachusetts can be surprisingly confusing, especially when couples often own multiple homes, live in separate cities for professional reasons, or have recently moved to Massachusetts. All of these situations are governed by M.G.L. c. 208, § 4 and the "exceptions" to the domicile statute contained in § 5. Subject to certain exceptions, § 4 precludes a plaintiff from filing a divorce complaint in Massachusetts in the following situations: (1) if the couple has "never lived together as husband and wife" in Massachusetts, or (2) if the "cause" (i.e., the irretrievable breakdown) occurred in another jurisdiction (unless the parties had lived together as husband and wife in Massachusetts and one of them lived in Massachusetts at the time the cause occurred).

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