You’ve been caught shoplifting; now you need to repay the store for the item(s) you stole. Should your personal financial circumstances be considered by the judge when deciding how much you should repay the store; and, should the store get the retail value of the item(s)? These were the questions answered by the Supreme Judicial […]
Can a parent waive the ability to receive child support? Is so-called, “double-dipping” of an asset or income prohibited by law? Can a judge assign an income to someone unemployed or underemployed? These and other important child support related questions were addressed in the recent case of Fehrm-Cappuccino v. Cappuccino, Mass. App. Ct. No. 15-P-484, October […]
In honor of National Adoption Day, which is always the Saturday before the Thanksgiving holiday, we’re pleased to share with you an equally important case involving a same-sex, non-marital relationship, where the Massachusetts Supreme Judicial Court has ruled that a non-biological, same-sex parent can be presumed to be a child’s parent under Mass. Gen. Laws c. […]
In the recent case of Arsenault v. Bhattacharya, Mass. App. Ct. No. 15-P-197, August 3, 2016, a woman who began receiving cortisone injections in her wrist in 2008, and continued receiving them in 2009 and 2010, later having multiple surgeries on that same wrist in 2010 and 2011, filed a medical malpractice action in 2013 […]
Harassment Prevention Orders (“HPO”) are similar to Restraining Orders (“RO”) in the sense that both orders require an offending individual to stay away and not contact the complaining victim. Generally both orders are issued for one year at a time, and then require that the complaining victim return to court and request that the order […]
Prior to 2003, Massachusetts drunk driving laws held that a driver suspected of drunk driving did not have a right to consult with an attorney prior to taking a breathalyzer test. In 2003, the legislature amended Mass. Gen. Laws ch. 90, section 24 to include a “.08 or greater” theory, where a breath test reading […]
At what point does a parent become unfit to parent and maintain custody of their child(ren)? A recent decision by the Massachusetts Appeals Court highlighted some of the trouble spots that a judge considers when determining whether to adjudicate a parent unfit.
When the Winter winds blow, and the ground is covered in snow, those of us fortunate enough to have adequate, and even luxurious shelter, often forget the plight of those homeless, still out on the street, fighting the cold. A recent SJC decision brought the issue of homelessness center stage when it ruled on the […]
In a previous BLOG from the same case, we discussed some extraordinary and seemingly one-sided separation agreement language dealing with the issue of removal. Schechter v. Schechter, Mass. App. Ct. No. 13-P-1035. September 9, 2015, is the case that keeps on giving. Because in the same decision from the Massachusetts Appeals Court, the case also […]
Attorney Hutchins was very professional yet personable when helping me with my estate planning needs. He explained everything clearly and made sure I had no unanswered questions (and I had many questions). My family had also used his services in the past, and we won’t hesitate to use them again if the need arises.