New Child Support Guidelines to Go Into Effect This Fall


On August 2, 2021, Chief Justice of the Trial Court, Paula M. Carey, signed new Child Support Guidelines, which go into effect on October 4, 2021. These new guidelines are the result of work by the Child Support Guidelines Task Force, which was convened by Chief Justice Carey in 2020 to undertake the quadrennial review of the Massachusetts Child Support Guidelines required by federal regulations.

If you currently pay or receive child support, you should consider whether these new guidelines result in a different child support obligation in your situation. There is a rebuttable presumption that the guidelines apply in all cases establishing or modifying a child support order, regardless of whether the parents are married or unmarried, the order is temporary or final, or the Court is deciding whether to approve an agreement for child support. There is also a rebuttable presumption that the amount of the child support order calculated under the guidelines is the appropriate amount of child support to be ordered. Existing child support orders are not automatically changed to be in compliance with the new guidelines unless the parties specifically agreed within the terms of an Agreement to automatically recalculate child support. Absent … Keep reading

Suspension of Parent Education Program Attendance in Divorce Actions


In an announcement made by the Probate and Family Court on June 25, 2021, effective September 1, 2021, divorcing parents of minor children will no longer be required to attend and complete the Parents Education Program as the Program is, at least temporarily, suspended. What does this mean for parents presently going through the divorce process? It depends on whether the complaint for divorce has already been filed or will be filed in the future. If filed on or before July 11, 2021, parents will still need to attend the Program and submit a certificate of completion before September 1, 2021. If the complaint for divorce is filed on or after July 12, 2021, the requirement is waived.

Prior to this recent suspension of the Parents Education Program, all parties to a divorce action in which there are minor children (under the age of 18) were required to attend and participate in an approved Parent Education Program pursuant to Standing Order 2-16. The purpose of Standing Order 2-16’s requirement was to provide divorcing parents guidance in understanding and addressing the challenges caused by divorce and to assist them in addressing and reducing the stress children may experience during and … Keep reading

Planning Considerations for Same-Sex Spouses in the Event of Divorce or Death


Marriage has always been governed by state law, and it is only in very recent history that select states began revising their definitions of marriage to acknowledge the rights of all couples to be married. While Massachusetts made same-sex marriage legal in 2003 via the decision in Goodridge, it was not until the landmark 2015 decision in Obergefell v. Hodges that the U.S. Supreme Court ruled that same-sex couples have a fundamental right to marriage, making same-sex marriage legal in all 50 states. Finally, same-sex couples could avail themselves of the many legal benefits of marriage that opposite-sex spouses enjoy. However, same-sex spouses often face unique and complex legal issues in the event of divorce or death, and their legal rights are unfortunately still not always secure. Some of these challenges can be avoided or minimized with careful and strategic planning.

Marital Agreements

Common in any divorce are determinations regarding the division of assets and potential spousal support. A major factor is the length of the marriage, which may be less straightforward for same-sex spouses. If a relationship between a cohabitating same-sex couple spanned 20 years prior to the legalization of same-sex marriage, yet their marriage of only … Keep reading

Non-Disparagement Orders in Custody Cases


As my partner Andrea Dunbar recently wrote, it is inappropriate to post negative comments about the opposing party in a custody matter on social media. But can the court prohibit it? The answer in most cases is no.

Notwithstanding the fact that the Commonwealth of Massachusetts has a compelling interest in protecting children from being exposed to disparagement between their parents, freedom of speech is protected by the First Amendment to the U.S. Constitution. The First Amendment limits the government’s power to restrict expression simply because the government does not like the subject matter, idea, or content of the message. An Order from a Probate and Family Court judge instructing a party not to post comments about the other parent on social media is called a “non-disparagement order.” These types of orders are prior restraint on speech. In order for prior restraint on speech to be allowed, the speech must be truly exceptional. This requires that the harm expected from the unrestrained speech must be grave, the likelihood of the speech must be all but certain absent the prior restraint, and the order must be the least restrictive way to stop the grave harm. The Massachusetts Supreme Judicial … Keep reading

Custody Litigation: The Roles of the Guardian ad Litem and ARC Counsel


In Probate and Family Court cases involving the care and custody of children, the Court may appoint a Guardian ad litem (GAL) to investigate or evaluate the case, and/or an ARC (Attorneys Representing Children) attorney to advocate the child’s position. Join Tiffany Bentley and Robin Lynch Nardone for a discussion on the roles of these professionals and their impact on custody litigation. Learn about:

  • How and why a GAL or ARC attorney is appointed.
  • The differences between a GAL and ARC attorney and how to determine which is most appropriate for your case.
  • How to prepare for a GAL investigation.
  • How to use a GAL report in negotiation or further litigation.

Click here to watch the full episode.… Keep reading

In-State Relocation With Children During or After Divorce


I recently participated with a client in an uncontested divorce hearing where the Probate and Family Court Judge presiding over the matter said something I have not heard many judges say at an uncontested divorce hearing. Addressing both parents, the Judge called attention to the removal language contained in the divorce agreement, making specific note to the residential parent. The Judge pointed out that while the language contained in the agreement only referenced removal of the children out of the Commonwealth, if the residential parent wanted to relocate with the children within the Commonwealth – but at such a distance that would impact the current parenting schedule – the residential parent may need to seek the Court’s permission to do so before she moved. While most divorce agreements contain specific language prohibiting out-of-state removal, very rarely do separation agreements provide similar restrictions for in-state relocation of a great distance, yet Massachusetts caselaw does restrict in-state “removal.” I was pleased that the Judge in this case called attention to this issue so that both parents were reminded of their obligations post-divorce with respect to the other parent’s relationship and parenting time with the children.

M.G.L. c. 208 section 30 … Keep reading

The Hague Convention & International Child Custody Disputes


For those facing international divorce and child custody disputes, knowing and understanding your rights, options, and potential pitfalls before they happen is vital – especially for parents who are dual nationals, foreign nationals, or are married to individuals with foreign ties. Join Elizabeth Crowley and Katie M. Dalton for a virtual webinar where they will share insight on these important matters and discuss recent high-profile Hague Convention cases in the media.

Click here to watch the full webinar.… Keep reading

What You Need to Know About the American Rescue Plan Act


President Biden signed the American Rescue Plan Act on March 11, 2021. In addition to the stimulus payment, this plan contains some tax credits that should be considered by parents divorcing this year.

The Child Tax Credit

• The plan increases the Child Tax Credit from $2,000 to $3,000 per child – $3,600 for any child under the age of 6 – for tax year 2021 only.

• The plan provides for children under the age of 18 at year-end – as opposed to 17 under the current plan – to qualify for the credit for tax year 2021.

• For 2021 only, the credit is fully refundable, even to those with no taxable income • The 2021 credit starts phasing out for single filers at $75,000, for head of household filers at $112,500, and for joint filers at $150,000.

• The American Rescue Plan Act requires that half of the Child Tax Credit be paid in advance, meaning that payments for 2021 should be paid between July and December 2021 with six monthly payments. Eligibility for the credit will, in the first instance, be based on 2020 tax returns.

• This credit can be taken by the parent … Keep reading

Privacy in Estate Planning and the Vaughan Affidavit


People typically have several goals in mind when they are looking to create or tweak an estate plan, and important to some may be the desire for privacy. Estate planning professionals are versed in the various estate planning vehicles that can effectively avoid scrutiny of one’s wealth and the nature of one’s estate plan, during life and after death. For example, while a simple will may require probate at death, with the filing of the will and disclosure of estate assets, trusts are private documents which avoid probate of trust assets at death. There are often work-arounds to disclosing the trust document itself in financial or real estate matters.

When it comes to privacy, individuals often do not want their children to learn the magnitude of their assets or the specifics of the child’s anticipated inheritance. In that case, they certainly would prefer to shield such information from their child’s would-be ex-spouse. However, despite the careful crafting of an estate plan to maintain one’s privacy, a person may be shocked to learn that they are expected to disclose details of their estate if their adult child gets divorced in Massachusetts.

Under Massachusetts law, a divorcing spouse has a right … Keep reading

Consideration of Income From Assets in Modifying Alimony


The Massachusetts Appeals Court recently issued another decision interpreting the Alimony Reform Act, which went into effect in 2012. In the March 2, 2021 decision of Dolan v. Dolan, the Appeals Court provides guidance on the meaning of General Law Chapter 208, section 53(c)(1), which states:

(c) When issuing an order for alimony, the court shall exclude from its income calculation:

(1) capital gains income and dividend and interest income which derive from assets equitably divided between the parties under section 34.

In Dolan, the husband sought a downward modification of his obligation to pay alimony to the wife under a 2016 Judgment of Divorce after he sold his business, leaving him with lower earned income. The husband was continuing to receive payments from the sale of the business. He argued that capital gain income from the sale could not be considered when determining his ongoing alimony obligation because the business was an asset assigned to him at the time of the divorce. The wife argued that modification of alimony is a two-step process: the judge must first determine that there has been a material change in circumstances and only after that threshold is met can the … Keep reading