Waiving, Double-Dipping and Attributing Income for Child Support Calculations

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 […]

It’s Called Child Support For A Reason: It Belongs to the Child

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. […]

Surprise! You Have a 17 Year Old Child You Never Knew. Now Pay Up!

Massachusetts laws provide formulas for the calculation of child support, but judges have considerable discretion to adjust their child support orders to fit individual circumstances. In one interesting case, a judge’s child support order required a father to pay seventeen years’ worth of back child support. See O’Meara v. Doherty, 53 Mass. App. Ct. 599 […]

Who Claims the Children on the Tax Return in a Divorce?

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 […]

Know When to Settle: A Cautionary Tale about the Cost of Litigation

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.

My Kid is in College! When Can I Quit Paying Child Support?

Many parents reason that they should be able to stop paying child support when a child turns eighteen, finishes high school, or begins a job or college. In Massachusetts, G.L. c. 208, § 28 limits the support orders for these older children, but provides that the court may still order support for children aged 18-20 […]

Modifications of Child Support Orders More Easily Available Under New Standard

No material or substantial change in circumstances is now required to seek modification of a child support order!

Mike & Laurie – St. Cloud, FL

Just wanted to thank you again for a great job representing us! We definitely appreciate it and would recommend you to our Massachusetts friends and family.

Michele – Boylston, MA

We were very comfortable standing before the judge on the day of the hearing. Everything went fine. In fact, the judge said that he was pleased to see one of the best separation agreements written! Thank you for all your help. I’ve referred you to several people that I know.

Tom – Shrewsbury, MA

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