Category litigation
ALIMONY-THE ATTACK ON NON WORKING SPOUSES
During the course of a divorce or a modification dealing with support issues, be they alimony and/or child support, you may encounter terminology entitled “attribution of income”. This is not arcane language. This is often a very important issue in determining the amount of support. Essentially, attribution of income means that a non-working spouse either […]
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DO ALL MARRIED COUPLES HAVE EQUAL RIGHTS?
The Constitution of the United States of America guarantees its citizens equal protection Fourteenth Amendment The Fourteenth Amendment has been frequently used in landmark decisions granting citizens of this country in different states those federally guaranteed rights in criminal prosecutions such as right to counsel, right to a jury trial, and right to confront witnesses. […]
FOR THOSE FORGOTTEN SPOUSES: DISCUSSION OF THE NEW ALIMONY STATUTE CONTINUED
This article is designed to discuss briefly what rights those individuals who have been receiving alimony in light of the change in the law. Those former husbands or wives who are currently paying alimony know or should know that beginning on March 1, 2013, a complaint for modification to terminate alimony can be filed with […]
CHRISTMAS AND PARENTING PLANS
Sharing time with your children during the holidays is easier said than done. If you were to visit the family services department (now referred to as the probation department) of any probate court in Massachusetts during this wondrous holiday season, you would see distressed moms and dads, either armed with lawyers or not, waiting to […]
Have Fault Grounds Lost Their Relevancy in Today’s Society?
Until 1974, when the legislature enacted irretrievable breakdown as grounds for divorce via Massachusetts General Laws, Chapter 208, Sections 1A and 1B, in order to secure a divorce in Massachusetts fault had to be alleged and proved in court. The basic grounds that were listed and still are listed in section 1 of Massachusetts General Laws, […]
LUCY, DON’T MESS WITH SNOOPY
On August 2, 2012, Governor Deval Patrick signed Chapter 193 of the Acts and Resolves of 2012, An Act Further Regulating Animal Control. Provisions of this law became effective on October 31, 2012. The new section to the non-abuse statute, Chapter 209A is section 11(a ) which now allows a court to order “possession, care, and control […]
What is Alimony?
For the 38 years that I have practiced divorce law, the word alimony has been the anathema to those divorcing individuals and an obligation, in their view, to be avoided. With the enactment of the Alimony Reform Act of 2011, your basic understanding of what alimony is should be a prerequisite to your understanding the […]
Alimony Reform Revisited: A Basis and a Defense
As we discussed in a previous blog, Massachusetts Alimony Reform is now law. People who are 67 years old or older and have retired may bring an action for modification beginning on March 1, 2013. Others who wish to bring their actions based only upon the time limits for alimony payments must wait until that […]
Virgina is for Lovers?
A lead story in the Sunday New York Times dated July 29, 2012 concerned a same-sex married couple in Vermont who had one child born from one of the parties during the marriage by artificial insemination who had subsequently decided to divorce. Vermont does recognize same-sex marriage, and as a result, divorces in that instance are […]
PhilipJByers
Philip J. Byers, Attorney 