On behalf of Claudette-Jean Girard, Attorney at Law posted in Family Law on Monday, May 20, 2013
Divorce often leads to many questions that need to be answered. Financial obligations of all parties involved as well as child custody and support tend to be the forerunners of issues that need speedy resolutions. The laws governing these issues can seem complicated and can become outdated. Massachusetts passed an alimony reform in 2011 which changed alimony laws for the state. This reform sparked national interest, and alimony reform is currently a hot button issue in Florida.
Much like the reform in Massachusetts, the Florida bill outlined issues such as how much alimony would be paid, the duration of the payments, and child custody. Florida residents have been sending messages to their representatives voicing their opinions on whether or not the new Florida Alimony Reform bill should be passed. The bill was recently vetoed, which brought joy to some and dismay to others.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Child Custody on Wednesday, May 15, 2013
When it comes to divorce, many cringe at the thought of the legal fees associated with the process. Virtually everyone in Massachusetts has friends or family that has gone through the process and can attest that ending a marriage is not cheap. However, as with many financial decisions, the decision to attempt to save money at the outset could actually end up costing more in the end. This is especially true in instances in which child custody is an issue.
One way that problems can occur is in situations in which one's spouse has or makes considerably more money. Not only does this mean that he or she can afford to hire a good divorce attorney, it also means that the child custody and property division portions of the divorce process will be more complicated. In order to make a full assessment of all assets and debt, and to determine the proper manner to divide those holdings, experience and knowledge of state law is essential. In the same vein, child custody issues require knowledge of state law and local rules and procedures.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Child Support on Thursday, May 9, 2013
A recent case from another, nearby state may be of interest to readers in Massachusetts. The issue involves the payment of child support by a father of a young child. In that case, the father argued that he was not the non-custodial parent of the child, thus he should not have to pay child support to the child's mother.
The case went to the highest court available for the home state of the family. The parents share custody of the boy, with the father having the child 56 percent of the time. The mother asserted to the court that she needed child support payments to pay for rent and other expenses that she incurred when she had her son during the part of the year that's she had residential custody of him.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Divorce on Monday, May 6, 2013
Many Massachusetts residents who have gone through a divorce look back and wish that they had done certain things differently. As with any significant decision, hindsight is 20/20. For those who are currently considering filing for divorce, or who have recently begun the process, the following tips may help avoid some of the negative ramifications of certain choices.
One common pitfall involves allowing emotions to dictate the decision-making process. This can be a difficult hurdle to cross, especially in cases in which the reasons for the split are deeply personal, or when one partner does not want the marriage to end. However, many of the decisions made during the divorce process will have financial consequences, and should be made with a clear head and a focus on the future, not the past.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Child Support on Monday, April 22, 2013
When a noncustodial parent in Massachusetts is ordered to pay child support, the payments are mandatory. In fact, the child support is typically owed each month unless a court intervenes to change the amount owed. When child support is left unpaid, collection efforts may include an imposition of fines and penalties on the noncustodial parent.
This is what may have happened to one man recently. However, before penalties were imposed, he was able to pay the child support that he owed. The man was said to owe as much as $30,000 to the custodial parent of three of his five children.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Divorce on Friday, April 19, 2013
Many readers in Massachusetts know that there are several issues that need to be negotiated as a couple enters the divorce process. These include child related matters for parents, spousal maintenance and the division of assets. For those with high amounts of wealth, the divorce negotiations can be contentious as soon-to-be former spouses seek to determine just who will own the property that was obtained during a marriage.
In one recent high-asset divorce case, a high profile couple announced that they were planning to end their marriage in divorce. The two were fixtures on the social scene in their hometown. In fact, they attended events, including one at the White House with Bill and Hillary Clinton.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Divorce on Thursday, April 11, 2013
There are any reasons that people in Massachusetts seek to end their marriages in divorce. For those that are older, the reasons may include the loss of satisfaction with the union. This, one recent article says, is consistent with the history of members of the baby boomer generation who have seen increased divorce rates in recent decades.
In fact, the source says, those in that generation were among the first to seek a divorce when a marriage became less satisfying. In part, this may have been due to the financial independence of women who began entering the workforce in larger numbers. Because they did not need a man to pay for their expenses, women have been financially able to end marriages that do not meet their needs.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Child Support on Friday, April 5, 2013
Massachusetts agencies tasked with finding those that have failed to pay their child support use many tools. These include searches of employment records and other official documents. Recently, Facebook profiles have been used to gain information about noncustodial parents who owe child support.
The information gleaned from a review of profile from Facebook or another social media site can help custodial parents of children learn if their counterpart has income or money that they have failed to disclose. This is apparently what happened to one man recently after he posted a picture of himself on the popular website. The photo showed him with cash spread around his head.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Family Law on Thursday, March 28, 2013
In a divorce, alimony is one of the most contentious factors that a couple must face. This is because in many cases there is one spouse that may have been in a less favorable economic position throughout a marriage. This individual may seek to receive alimony payments for a period of time as they work to be able to return to gainful employment.
However, there are many factors that courts in Massachusetts consider before awarding alimony. These include not only the future employment prospects of a spouse, but also factors such as the lifestyle of the family prior to the divorce and availability of assets to divide during the divorce. In addition, some cases could include considerations of the behavior of one of the spouses.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Divorce on Wednesday, March 20, 2013
Making the decision to end a marriage can lead to a host of other issues that need to be decided by couples in Massachusetts. In almost every case, couples work to divide the assets that they have accumulated during their marriage. In addition, questions surrounding child related issues and spousal maintenance are common issues in many divorce proceedings.
In one recent report that may be of interest to readers in Massachusetts, an official notes that the financial considerations that are involved in a divorce may benefit from pre-planning. In fact, a person may find that they can gain from a complete review of their financial lives prior to filing for a divorce. The information gathered can assist a soon-to-be ex-spouse in entering into negotiations with a fair settlement in mind.
