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 […]