Divorce & Family Law: February 2015 Archives

Supreme Judicial Court Authorizes Parent Coordinators But Limits their Authority

During a contested divorce or paternity action involving minor children, and often long after the case is formally resolved, some parents face ongoing disputes over "day to day" matters such as whether Fitch Law Partners LLP should participate in two extracurricular activities or three. The failure, inability, or outright refusal of one or both parents to communicate and reach an agreement with respect to these matters can lead to repeated court appearances and thousands of dollars in legal fees. In order to provide parties a forum for efficiently resolving such disputes, as well as assistance with learning to better communicate and co-parent, many parties will agree or be ordered to engage a professional parent coordinator ("PC").

Supreme Judicial Court Determines that Retirement Provision of Massachusetts Alimony Reform Act Is Not Retroactive

On January 20, 2015, the Supreme Judicial Court issued decisions in three cases involving an important provision of the Massachusetts Alimony Reform Act ("the Act"). In each of these cases, which are described more fully below, the alimony payor wanted to terminate their alimony obligation based upon the Act's language that alimony "shall terminate upon the payor attaining the full retirement age." See G.L. c. 208, § 49(f).

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