Claudette-Jean Girard, Attorney at LawClaudette-Jean Girard, Attorney at Law2026-06-03T22:10:27Zhttps://www.familyneedslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1200616/2020/01/cropped-favicon-32x32.pngOn Behalf of Claudette-Jean Girard, Attorney at Law<![CDATA[Relocating with children after divorce]]>https://www.familyneedslaw.com/?p=511882026-05-26T06:14:26Z2026-05-26T06:14:26ZWhen relocation is necessary
A parent may need to move for work, family or health reasons. When children are involved, a move affects schedules, school and relationships with the other parent. In Massachusetts, if a parent has primary physical custody, the court applies a two-step test: first, the moving parent must demonstrate a "real advantage" (a sound, good-faith reason for the move); second, the court must find that the relocation is in the child's best interests.. Before packing, think about how the move will change day-to-day parenting time and whether the current custody plan still works.
The importance of communicating early and being specific
If you are planning to relocate with your children, it is important to be as transparent as possible with your co-parent. Tell the other parent as soon as you can about your plan to relocate. Give clear details about where you will live, why you must move and how you will handle the child’s routine. Offer a proposed parenting schedule that addresses weekends, holidays, school breaks and transportation. Early, specific proposals make negotiations easier and show you are thinking about the child’s needs.
What courts consider in a relocation plan
If parents cannot agree on an out-of-state move, the relocating parent must obtain a court order by filing a Complaint for Modification. The court will apply the "real advantage" test if one parent has primary custody, or a strict "best interests" balancing standard if the parents share joint physical custody.
Practical steps to protect parenting time
To maintain stability and protect your child's important relationship with both parents during a move, implement these practical steps:
Keep records of communications and proposed schedules
Arrange virtual visits and midweek check-ins
Consider shared custody adjustments, extended weekend blocks or parent exchanges at school if travel becomes difficult
Use mediation or a parenting coordinator to reach a workable plan without court intervention
Taking these proactive measures is key to minimizing conflict and ensuring a smoother transition for your child.
Consider professional help
When a move raises custody questions, mediators and child counselors can offer neutral guidance focused on the child’s best interest. Thoughtful planning and clear communication reduce conflict and help children maintain important relationships during a transition.
Relocating children must focus on stability and continuity. Use clear communication and professional help to protect co-parenting relationships. This keeps the focus on your child’s well-being and maintaining their vital connections during the transition.]]>On Behalf of Claudette-Jean Girard, Attorney at Law<![CDATA[Modifying child support for medical needs in Massachusetts]]>https://www.familyneedslaw.com/?p=511872026-05-11T12:12:40Z2026-05-11T12:12:40ZWhy a new diagnosis qualifies as a material change
The court requires proof of a material and substantial change in circumstances before it will alter a support order. A major shift in a child's health often meets this legal bar because it affects the family's financial balance. These changes involve costs that go beyond what a standard guideline calculation covers.
The following factors often serve as evidence for a change in circumstances:
Recurring treatment costs: This includes regular payments for specialists, psychologists or physical therapists that did not exist when the court issued the original order.
Prescription expenses: New long-term medication costs increase the monthly healthcare burden.
Uninsured medical expenses: These are necessary equipment or procedures that insurance does not fully cover, exceeding the $250 annual threshold.
Increased caregiving time: A diagnosis may force a parent to work fewer hours to drive the child to appointments or provide specialized care at home.
These shifts create a financial gap between the current support and the child's actual needs.
How the court calculates medical expenses
The Massachusetts Child Support Guidelines provide a framework for parents to share the costs of health insurance and extraordinary medical expenses. Generally, the court expects the recipient parent to pay for the first $250 of uninsured medical costs per year. For costs above that amount, the guidelines allow the court to allocate expenses in proportion to each parent's share of combined income.
Massachusetts judges have the power to order extra payments for specific medical costs. This prevents the primary caregiver from carrying the full financial weight of a new diagnosis alone. Understanding these calculations helps parents prepare for the modification process.
Adjusting support for long-term health challenges
To modify a support order, an attorney must file a Complaint for Modification in the Probate and Family Court. The filing must include records of the medical necessity and the related costs. Because these cases involve sensitive data, the court looks for clear, organized evidence of the financial shift.
An attorney can help parents follow the procedural rules of the Massachusetts courts to reach a stable outcome. A properly adjusted order provides the security needed to focus on a child's health rather than the stress of rising bills.]]>On Behalf of Claudette-Jean Girard, Attorney at Law<![CDATA[How is debt divided in a Massachusetts divorce?]]>https://www.familyneedslaw.com/?p=511852026-04-28T12:12:15Z2026-04-28T12:12:15ZWhen you are going through a divorce, the financial weight often feels just as heavy as the emotional transition. You may be worried about credit card balances, the mortgage or car loans that were once shared responsibilities. It is a stressful time, but understanding the rules in Massachusetts can help you find a path forward.
Understanding the principle of equitable distribution
A common misconception is that all debt is simply split down the middle. In Massachusetts, the courts follow the principle of equitable distribution. This means a judge will divide marital debt based on what is fair under the circumstances, which is not always a perfect 50/50 split. Under Massachusetts law, the court must consider several factors, including the length of the marriage, any financial "waste" by a spouse, and your overall ability to manage debt based on your net income and support obligations. This ensures that the person assigned the debt actually has the financial room to pay it off after other mandatory costs are settled.
Distinguishing marital and separate debt
Generally, courts consider debt acquired during the marriage to be marital debt. This is often true even if the account is only in your name or your spouse's name. If you used the debt for the family, such as home repairs or groceries, the court typically views it as a joint obligation. However, debt brought into the marriage from before the wedding is often handled separately, though Massachusetts judges have the broad authority to include any debt in the final division if they determine it is equitable to do so.
Moving toward financial independence
One of the most important things to remember is that a divorce decree does not automatically change your contract with a lender. If a judge orders your spouse to pay a joint credit card, but fail to do so, the credit card company can still seek payment from you. This is because the bank was not a party to the divorce. As a result, many people choose to ensure that joint accounts are closed or refinanced as part of the final settlement. Taking these steps helps protect your credit score as you begin your next chapter with a clean slate.
]]>On Behalf of Claudette-Jean Girard, Attorney at Law<![CDATA[5 ways to help your child feel secure after divorce]]>https://www.familyneedslaw.com/?p=511772026-04-22T15:52:47Z2026-04-22T15:52:47ZKeep routines consistent
Children tend to feel safer when they know what to expect. Keeping similar bedtimes, school routines, meal schedules and activity calendars across both homes can help reduce stress and make the transition between households feel less overwhelming.
Avoid putting your child in the middle
Children feel more secure when they do not feel responsible for adult problems. Avoid asking your child to pass messages, choose sides, report on the other parent or listen to arguments about custody or finances.
Reassure your child that the divorce is not their fault
Many children quietly blame themselves for their parents’ divorce, even if they never say it out loud. Telling your child directly that the divorce is not their fault and that both parents still love them can ease guilt and anxiety.
Give your child space to talk about their feelings
Children often feel more secure when they know they can speak honestly without upsetting you. Encourage your child to share how they are feeling, listen without judgment and avoid rushing to fix every emotion right away.
Make both homes feel like home
Children adjust more easily when they feel comfortable in both households. Keeping familiar items like favorite blankets, toys, clothes, photos or school supplies in each home can help your child feel less like a visitor and more like they belong.
Keeping your child feel steady during the changes
Your child may not need everything to stay the same after divorce, but they do need to know they are still loved, supported and safe. Small, consistent actions can make a major difference in helping them feel more secure as your family adjusts to a new normal.]]>On Behalf of Claudette-Jean Girard, Attorney at Law<![CDATA[How adultery affects divorce proceedings in Massachusetts]]>https://www.familyneedslaw.com/?p=511692026-04-12T15:29:15Z2026-04-12T15:29:15ZChoosing between fault and no-fault grounds
Most people in Massachusetts choose a divorce process that does not assign blame. This is based on an irretrievable breakdown of the marriage. This path is common because it is generally faster and less expensive. However, adultery remains an official "fault" ground in Massachusetts.
There is a true cost to filing for adultery. Proving it requires specific evidence, which often involves hiring private investigators or forensic experts. These costs can easily exceed thousands of dollars on top of the standard $215 filing fee.
Additionally, proving fault does not waive the waiting periods required by law. For uncontested "1A" filings, the process typically takes 120 days from the judgment date before becoming final, while "1B" or fault-based filings involve a 90-day Nisi period following the entry of judgment.
Understanding the financial impact of marital conduct
Massachusetts uses equitable distribution. A judge is required to consider many factors, including the length of the marriage and the conduct of the parties during the marriage.
Adultery usually only impacts the final asset division if a spouse spent marital assets on the affair, a concept known as dissipation. If a spouse used joint savings for gifts, trips or hotel rooms, a judge may compensate the other spouse in the final distribution.
By contrast, the Alimony Reform Act excludes marital conduct from the list of factors used to determine alimony amount and duration, focusing instead on financial need and ability to pay.
Infidelity itself is not a disqualifier for child custody
The court focuses on the best interests of the child. While infidelity itself is not a disqualifier, any associated "coercive control"—such as threats, isolation or financial abuse- may now be considered "abuse" under recent amendments to. If such behavior is proven, it can create a rebuttable presumption against granting custody to the abusive parent.
How to move forward
Going through a divorce requires a clear head and a solid plan. Under the new Massachusetts Parentage Act and the updated 2025 Child Support Guidelines, having the right information is the first step toward a stable future.
]]>On Behalf of Claudette-Jean Girard, Attorney at Law<![CDATA[How to update a child support order in Massachusetts?]]>https://www.familyneedslaw.com/?p=511682026-03-16T16:21:11Z2026-03-16T16:17:31ZDecide whether you need a modification
In Massachusetts, only a court can change a child support order. As a parent, you may request that the court modify your existing order if your circumstances have “substantially changed” since it was last issued.
Three qualifying changes may include a significant income increase or decrease, higher educational or medical costs for your children or a change in your health insurance coverage.
Confirm who controls your order
Before you file your request, you need to verify who issued and enforces your order:
If your child support is a court order, you need to file a “complaint for modification” with the same court.
If a state child support agency oversees your case, you may contact the agency directly.
By checking which of the two options your order falls under, you can use the right forms and learn where you need to file them.
Gather evidence for the request
To prove a "substantial change in circumstances," you must provide clear documentation. In Massachusetts, you are generally required to file a Rule 401 Financial Statement. Depending on your situation, these may include your recent pay stubs, federal tax returns, proof of unemployment or your children’s medical bills.
File your request
If possible, you can try discussing your intentions with your ex-spouse first. If they agree, you can draft a written agreement together and file it with the court.
Should this initial step fail, you can proceed with your request by formally submitting your petition to the court that issued your original order. After you file your petition and serve your ex-spouse with a copy, the court will schedule a hearing date.
Attend your hearing
Your court hearing will give each party a chance to present their arguments. The judge will decide based on the state’s child support guidelines and your children’s best interests.
By taking the time to learn about the Massachusetts’ child support modification processes, you can pursue your intentions with better preparedness and follow the right steps that help avoid mistakes.]]>On Behalf of Claudette-Jean Girard, Attorney at Law<![CDATA[Key considerations when dividing a family business in a divorce]]>https://www.familyneedslaw.com/?p=511672026-03-04T06:58:19Z2026-03-04T06:58:19ZCrucial factors in business valuation and division
In Massachusetts, the court views a business you have started or grown during marriage as a marital asset. To pursue a fair outcome, it is essential to review considerations such as the following:
Determining a fair market value: A finance professional can calculate what your business is worth by looking at assets, debts and future earnings.
Separating personal goodwill: The law distinguishes between the reputation of your business and your personal skill as the owner. Only the value tied to the business entity itself is typically subject to asset division.
The problem of double dipping: It is critical to ensure the judge avoids counting the same business income for both property division and alimony payments. This prevents your spouse from unfairly benefiting twice.
Liquidity and buyout options: You must consider if you have enough cash to buy out the interest of your spouse without selling the entire company. If you lack liquid assets, you can negotiate a structured payment plan or trade other marital assets.
Accounting for tax liabilities: It is vital to evaluate potential taxes when transferring shares or selling company assets to satisfy a judgment.
Beyond these points, the court also considers the contributions of each spouse to your home and child care. Doing this helps ensure that the final decree reflects an equitable distribution of your marital property.
Advocating for long-term stability
As a business owner navigating divorce, managing your financial reality with the emotional challenges of the legal process can be complex. With legal counsel, you may better safeguard your rights and interests as you advocate for the long-term stability of your company and the financial security of your family.]]>On Behalf of Claudette-Jean Girard, Attorney at Law<![CDATA[Why one parent shouldn’t ignore the other’s custody cancellations]]>https://www.familyneedslaw.com/?p=511642026-02-22T12:16:05Z2026-02-22T12:14:40ZCancellations affect the children
The younger children are, the more important it is for them to see both of their parents frequently to maintain a strong connection. Additionally, cancellations can feel like a parental rejection, which can trigger self-esteem issues and challenges in developing strong interpersonal relationships later in life. Adjusting a custody order to reflect how often a parent actually shows up for their children can prevent children from feeling rejected and disappointed constantly.
Cancellations have financial consequences
When one parent doesn't show up for their time with their children, the other parent may miss work or medical appointments. They may have lost wages or cancellation fees to address. They may incur substantial childcare costs if they have to find a babysitter at the last minute. Additionally, the overall split of parenting time can impact how much child support the courts believe is appropriate.
Going back to court to request a custody order modification is a reasonable reaction to frequent cancellations by a co-parent. Parents with documentation of regular cancellations can ask the courts to adjust their overall division of parenting time.]]>On Behalf of Claudette-Jean Girard, Attorney at Law<![CDATA[3 ways to address the marital home in a Massachusetts divorce]]>https://www.familyneedslaw.com/?p=511632026-02-11T10:59:10Z2026-02-11T10:59:10ZWhen divorce becomes inevitable, the question "What happens to our house?" quickly moves to the forefront. Massachusetts couples have three primary strategies for handling the marital home. Each option has distinct financial and practical implications worth examining before you proceed.
Basics of property division
Massachusetts law treats marital property division as an equitable process, not an automatic 50-50 split. The court aims to reach a fair outcome based on your specific circumstances rather than simply dividing everything down the middle.Courts will examine the marriage duration, each spouse's economic circumstances, contributions to asset acquisition and custodial arrangements for children. Your marital home typically counts as divisible property unless you have a valid prenuptial agreement stating otherwise.
Complete a buyout
One spouse may choose to keep the house by paying the other for their share of the equity. This path offers stability for children and allows one person to remain in a familiar environment. The buying spouse must usually refinance the mortgage into their name alone.This process officially removes the other person from the debt. You must obtain a professional appraisal to determine the fair market value first. A buyout requires the staying spouse to have enough cash or the ability to take on a larger loan.
Sell and split the equity
Selling the home right away often provides the cleanest break for both parties. You put the house on the market, pay off the existing mortgage and split the remaining cash. This method gives each person liquid funds to secure new housing.A sale eliminates the need for ongoing financial ties between you and your former spouse. You will need to agree on a listing price and a real estate agent together. This path works well when neither person can afford the property alone or when you both want a total restart.
Share ownership for a limited time
Some couples agree to keep the home for a set period before selling. This often happens to let children finish school in their current district. One spouse lives in the house while both names might stay on the mortgage temporarily.The separation agreement must list exactly who pays for repairs, taxes and insurance during this time. A specific event, like a child's graduation, usually triggers the final sale. This arrangement demands high levels of cooperation and clear legal boundaries to prevent future conflict.
Proceeding with caution
Real estate decisions in a divorce carry long-term tax and financial consequences. Mistakes in deed transfers or mortgage refinancing can damage your credit or lead to expensive court battles later. Gaining a professional perspective on these three paths can help you avoid common pitfalls and protect your interests.]]>On Behalf of Claudette-Jean Girard, Attorney at Law<![CDATA[When divorce involves children, stability comes first]]>https://www.familyneedslaw.com/?p=511602026-02-10T03:36:23Z2026-02-10T03:36:23ZCustody and decision-making should focus on the child
When courts look at custody and decision-making, the focus is not on what feels “fair” to the adults but on what best supports the child’s well-being or their “best interests.” This includes where the child will live, how often they’ll see each parent and who will make important choices about education, health care and daily life. Consistency in routines, school and relationships often plays a major role in these determinations.
Decision-making authority can be shared or divided, depending on how well parents can communicate and cooperate. In some situations, joint decision-making can work well and allows both parents to stay actively involved. In others, ongoing conflict may make it healthier for one parent to take the lead in certain areas so children aren’t caught in the middle of repeated disputes.
Stability doesn’t mean nothing changes. It means changes happen in a way that minimizes disruption and confusion. Courts often look closely at which parent has historically handled daily responsibilities, how transitions between homes will work and whether each parent can support the child’s relationship with the other. Small details, like transportation, school involvement and even simple daily schedules like bedtime routines, can end up carrying a lot of weight.
If you’re navigating a divorce that involves children, it may help to talk through your options with someone who understands how these decisions are made and how to protect what matters most. Having experienced legal guidance can bring clarity, reduce stress and help you put your child’s stability at the center of your decisions.]]>