Springfield MA Family Law Blog

As is the case in most states, a child in Massachusetts will reach an age at which, legally, they have both the right and responsibility to handle their own affairs. In this state, a child who is over 18 is an adult and presumably has the ability to take care of themselves. For some, though, help may still be needed to ensure that adult is safe both physically and financially.

A problem arises with respect to special needs children who may still require someone to manage their property and take care of their personal affairs, such as making sure they have appropriate medical care and the like. Sometimes, these legal matters can be handled through the divorce court or a paternity order. In other cases, however, a loved one who is overseeing someone on the cusp of legal adulthood will need to file a request for guardianship over an incapacitated person. An incapacitated person is someone who is a legal adult but cannot reasonably be expected to handle their own affairs.

Residents of Massachusetts may refer to having shared custody with their child's other parent rather loosely. The term shared custody actually has a technical meaning in Massachusetts law and can even refer to more than one concept.

A couple that is truly sharing custody in all respects will have an arrangement in which both parents spend a lot of time with their children on an ongoing basis and do so frequently and regularly. One should notice, however, that the law does not command that parents share time with each other on a perfect 50-50 basis, even if they have shared physical custody.

As a previous post discussed, many people who live fairly ordinary lives may earn over $250,000 a year between the parents. The Massachusetts Child Support Guidelines do not account fully for those over this amount. If this is the case, it is often prudent for a parent to retain the services of an experienced attorney. Support will be, to some extent, determined by the facts and circumstances of each parent, and these will have to be effectively presented to the judge who is hearing the child support case.

Our office is here to help a parent accomplish their goals. From both professional and personal experience, we realize how important it is to make sure that a child support order is established in a fair and accurate manner.

A previous post on this blog talked about the possible tax consequences of a divorce. While it is very important for a couple to consider all the tax implications of a divorce, there are other important financial issues and implications a person needs to think about as well.

Many couples who are splitting have a number of debts, some in their own names and some owed jointly with one's spouse. Creditors have no obligation to respect the parties' divorce decree when collecting. From the creditor's perspective, they may pursue whomever owes the debt, even taking steps like garnishing wages. Therefore, it is very important that each spouse makes sure that the debts are divided fairly, so that both sides are protected if the other spouse does not pay off the creditor as agreed.