What Is Child Support and how is it determined by the court in Massachusetts.

Both parents are legally obligated to provide for their children. If the parents separate, this expectation is continued through the process of child support. At the dissolution of their relationship, typically the child or children shall reside primarily with one parent and the other parent shall have parenting time with the child/children. The understanding is that with whom the child primarily resides, otherwise known as the custodial parent, will provide support through paying for the child’s daily care, while the other parent, the non-custodial parent, will continue support through monthly payments directed to the custodial parent. It is important to
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Massachusetts Family Law and Child Support

If you have ever had to deal with Family Law in the state of Massachusetts, you know that it can be a bit confusing. This is rather frustrating when not knowing your rights and not knowing how to get through the laws can mean the difference between keeping your kids and losing them. Sometimes what’s at stake is somehow even more important than the custody of your kids. Sometimes what’s at stake is making sure you can put food on the table for your kids. If you have won custody already and are expecting child support that isn’t coming, there are a
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Family Law and modifying the terms of a divorce

Divorce settlements aren’t always permanent. You might need to return to court post divorce for a variety of reasons. But keep in mind that you may only return to court for a divorce modification if you or your ex-spouse have a change of circumstances to warrant further legal proceedings. If you move to a different area, or if your job changes, these are valid reasons to contact your attorney to discuss modifying the original agreement.  These are only a few of the possible life changes you or your ex might have that a court would consider acceptable reasons for modifying
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Can Divorce Affect Inherited Property?

One of the most complex and important issues in any divorce is the division of property. While some divorcing spouses are able to come to an agreement on this issue outside of court, in many cases a judge must step in and direct an equitable distribution of assets. However, determining which assets may be distributed is often a source of confusion, and laws vary state-by-state. In Massachusetts, it is important to remember that all property – even property inherited by one of the spouses – is subject to distribution during divorce. “In a nutshell, everything is ‘in the marital pot’
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Avoid Divorce Delays With An Updated Pre-Nup

Contested issues are the most common causes for delays in finalizing a divorce. There is no doubt that by the time a couple has endured the journey of recognizing it is time to end a marriage they are hoping for a legal process that is not excruciatingly lengthy. The most common contested issues are: Child custody Child support Alimony Division of assets Three out of the four most common causes of delay are rooted in money and assets. Is there a way to communicate more effectively and resolve these issues without dragging things out so long in court? The most effective method to
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Surviving A Divorce Deposition

Even lengthy, contested divorces usually do not involve a deposition. However, there are exceptions to every rule and in the case of a deposition, this exception also applies. If things have become so contentious a trial is anticipated or, perhaps, there is a great deal of wealth at stake, a deposition will be used during the discovery process. Should you find yourself facing a deposition, rather than worry, follow these tips to get through it like a pro. #1. Try to relax You are only going to be sworn in and asked questions. You are not going to be traumatized with
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Judge Ordered Mother Primary Physical Custody of Child Due to Father Undermining the Mother

The Parties have three children and the Father was seeking custody of one of the children.  The Father had started to undermine the Mother with this particular child, in that, if the Mother brought the child to school, the Father would subsequently pick the child up and release the child from school early.  This became a pattern of undermining the Mother by the Father and when the Judge reviewed the detailed affidavit of Mother regarding these incidents, the Judge ordered that the Mother should have primary physical custody.
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Joint Custody Tips: It’s Important to Be Civil

When it comes to child custody, many people agree that joint custody is the best option. After all, it allows the child to spend time with both parents, and it allows both parents to be able to see their child. Plus, it also helps break up the financial cost of taking care of the child, which can make things easier for everyone who is involved. However, there is one important thing that you will need to remember when it comes to a joint custody agreement: being civil. This can be tough to do when you’re dealing with an ex, but it’s
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Family Law: What Should You Do if You Can’t Afford to Pay Child Support?

Dealing with matters of family law, such as child support, can be challenging. Even though you probably certainly have no problem with paying child support to help take care of your children, if you are unable to pay as much as the court is requiring you to, it can put you in a tough situation. Then, you could face all sorts of consequences — including jail time — for not keeping up with your child support. Luckily, there are a few steps that you can take when you can’t afford to pay your child support. Pay What You Can Just
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Child Support and Parenting Time: How Are They Related?

Massachusetts law determines child custody cases on the basis of the “best interest of the child.” The best interest of the child drives every decision the court makes, including the amount of time the child will spend with each parent (“parenting time”), as well as the amount of child support the non-custodial parent will pay the custodial parent. What is Parenting Time? Parenting time refers to the amount of time the child spends with each parent. Generally, there is a custodial parent, who has physical custody of the child for more than half of the time, and a non-custodial parent, who has
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