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 […]
Our Family Law practice plans and resolves issues related to parenting and family. At Hutchins Law, our primary goal is to retain or return harmony in our clients’ homes. We help guide our clients through modifications or enforcement of current orders, paternity and adoption, custody, visitation and support.
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 […]
Last year, the Massachusetts Appeals Court rendered a decision which, among other, reiterated longstanding legal precedent regarding a custodial parent’s ability to remove a minor child from the Commonwealth. See Schechter v. Schechter, Mass. App. Ct. No. 13-P-1035. September 9, 2015. What sets Schechter apart from other cases dealing with removal isn’t the fact that […]
My family is extremely grateful to Attorney Hutchins for handling a custody case on behalf of our granddaughter. His knowledge, empathy and sense of urgency eliminated all the stress and heartache we anticipated. He took care of everything in a matter of a few short weeks. We highly recommend him…and will seek him out for […]
BREAKING NEWS! The Massachusetts Supreme Judicial Court has ruled that an indigent, unrepresented parent(s) seeking to 1) remove a guardian or 2) modify the terms of the guardianship “by seeking a substantial change in the provisions for visitation,” is entitled to have an attorney appointed, “provided the parent presents a meritorious claim.” See L.B. & […]
Many employees benefit from employer provided stock programs. But did you know that in a divorce involving a child support obligation that income realized from vested restricted stock units (“RSU”) could be included for purposes of calculating child support? This was the issue in the recent Massachusetts Appeals case Hoegen v. Hoegen, Mass.App.Ct. No. 14-P-1491. […]
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 […]