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 […]
Individuals facing divorce need an advocate that will guide them and protect their interests from beginning to end. Whether our clients undergo a simple or complex separation, Hutchins Law provides the expertise to plan and deliver an efficient resolution to the legal issues surrounding divorce. We provide our clients with expert services including asset division, child custody and visitation, child support, alimony and more.
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. […]
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.
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 […]
When contemplating a divorce, one spouse may desire to relocate to another state, for various reasons. If there are children involved in the divorce, and the spouse desiring to relocate is the primary custodian of those children, moving to another state is not a guarantee. A recent decision by the Massachusetts Appeals Court added to […]
In 2011 the Massachusetts legislature completely overhauled the alimony system, eliminating lifetime alimony. Appeals of alimony cases under the new law are now reaching appellate courts for review. The recent Massachusetts Appeals Court decision in Hassey v. Hassey is one of the first broad appellate treatments of the Alimony Reform Act of 2011. See Hassey […]
Have you or a loved one been the target of abusive or harassing conduct? Is there someone that you wish would just leave you alone? This year the S.J.C. clarified what is needed to obtain a “harassment prevention order” in Massachusetts.
In the case of Iv vs. Hang, 83 Mass. App. Ct. 598 (2013), two divorced parents clashed over who could claim dependency tax exemptions for their two children. A Massachusetts Probate Court awarded the exemptions to the father, who was also required to pay child support to the custodial mother. Wanting to claim the exemptions […]
The Massachusetts Alimony Reform Act of 2011 identifies different types of alimony and sets limits on how long alimony may last. The limits on “general term” alimony are based on duration of a marriage. See G.L. c. 208, §49. Now state courts are sorting out the legal issues that arise as they apply the new […]
In the midst of a legal dispute, agreeing to mediate or settle can feel like a loss. In addition to legal fees, litigation can have hidden costs in time, emotional energy, unwanted publicity, and prolonged uncertainty.