Claudette-Jean Girard, Attorney at Law Claudette-Jean Girard, Attorney at Law 2026-07-01T13:25:23Z https://www.familyneedslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1200616/2020/01/cropped-favicon-32x32.png On Behalf of Claudette-Jean Girard, Attorney at Law <![CDATA[Can I divorce my spouse for financial incompatibility?]]> https://www.familyneedslaw.com/?p=51201 2026-07-01T13:25:23Z 2026-06-30T18:00:14Z Financial signs in a failed marriage Even though divorce in Massachusetts can follow either a “fault” or “no-fault” process filing for a fault-based divorce requires you to prove a specific reason for divorce. However, many people facing financial strains choose to file for “no-fault” divorce citing “irretrievable breakdown of marriage." Financial conflicts can take many forms, and some issues may place a greater strain than others, such as:
  • Difference in lifestyle and spending: Different priorities on budgeting, investing or lifestyle can easily sabotage a marriage.
  • Income discrepancies: Significant differences in earning capacity could lead to long-term economic tensions.
  • Marital waste: One spouse recklessly spending marital assets through substance abuse or financial risks could quickly cause a marriage to fail.
  • Financial infidelity and hidden debts: Concealing secret credit cards, gambling debts and undisclosed loans from one spouse destroys foundational trust.
  • Financial restriction and abuse: One partner restricting access to money or preventing a spouse from working or accessing financial resources creates an unhealthy dynamic.
If financial disagreements are leading to the breakdown of your marriage, navigating property division, spousal support and other financial issues takes clear preparation.

Planning for the next step

A divorce involving financial incompatibility is equally urgent and emotionally overwhelming as other reasons for marriage dissolution. If you are going through such a difficult situation, seeking the guidance of an experienced attorney could help you understand your rights and protect your financial future.]]> On Behalf of Claudette-Jean Girard, Attorney at Law <![CDATA[How do Massachusetts courts evaluate custody arrangements?]]> https://www.familyneedslaw.com/?p=51200 2026-06-19T19:59:54Z 2026-06-19T19:59:54Z When parents divorce or separate, deciding where a child will live and how parenting responsibilities will be shared can be challenging. When parents are unable to reach an agreement, a Massachusetts court may intervene to determine which custody arrangement is in the child’s best interests. Courts may also evaluate both legal custody and physical custody when making custody decisions. Legal custody involves the authority to make important decisions about a child's education, health care and welfare, while physical custody addresses where the child lives and how parenting time is shared.

Factors that the court might consider

Massachusetts courts might evaluate the circumstances of each family when making a custody decision. As no two cases are the same, judges can consider some important factors such as:
  • The child’s relationship with each parent
  • Each parent’s ability to provide support, care and guidance
  • The child’s physical, emotional and developmental needs
  • The stability of each parent’s living environment
  • Each parent’s willingness to support the child’s relationship with the other parent
  • Any history of abuse, neglect or substance abuse affecting the child’s well-being
These factors might help the court decide which arrangement works best to support the child’s overall well-being.

A single factor does not control the outcome

Parents might believe that a single factor or issue will decide the outcome of the case. But in reality, courts do not make their decision based on one factor alone. Instead, judges look at the circumstances as a whole. A parent may have a very strong bond with the child, while the other may have better occupational stability. The court typically weighs all the relevant information and scenarios before making a custody determination. For this same reason, custody cases are highly fact and situation-specific, and the outcome often depends on the situation of a family.

Keeping the focus on the child

Custody disputes can be an emotional time for the family. But Massachusetts courts try to keep the focus where it is most necessary: on the child’s best interests. The goal is to create an arrangement that provides stability, supports healthy parent-child relationships and meets the child’s needs. Having a better understanding of how courts evaluate custody arrangements might help parents approach the process with a realistic expectation while keeping the child’s welfare in mind.  ]]> On Behalf of Claudette-Jean Girard, Attorney at Law <![CDATA[Who gets the kids on holidays? 3 ways to make co-parenting work]]> https://www.familyneedslaw.com/?p=51199 2026-06-09T15:45:48Z 2026-06-09T15:45:48Z Holidays bring joy and excitement, but they can also create stress for parents who share custody. While many families look forward to traditions and time together, questions often come up about where the children will spend each holiday. These moments can feel even more difficult when emotions run high or schedules change from year to year. A clear plan and steady communication can help reduce conflict and keep the focus where it belongs: on the children’s well-being. Here are three key things to keep in mind when working out the schedule. 

1. Follow the custody agreement first

Most custody agreements include a holiday schedule that outlines where children spend specific holidays each year. Courts design these plans to reduce confusion and avoid disputes. Parents should review their agreement early and follow it as closely as possible. When both parents respect the plan, children gain stability and know what to expect. If the agreement feels unclear or outdated, parents can seek a legal review to help ensure it still fits their family’s needs.

2. Communicate plans early and clearly

Early communication helps prevent last-minute stress and conflict. Parents should share holiday plans as soon as possible and confirm pickup and drop-off times in writing when needed. Simple, respectful messages can go a long way in avoiding misunderstandings. When parents stay open and direct, they reduce tension and give themselves more time to solve problems before they escalate.

3. Put the child’s needs first when plans shift

Life does not always follow a schedule, and flexibility can matter during the holidays. When changes come up, parents should focus on what supports the child’s comfort and stability. Offering small adjustments, like swapping days or splitting time, can help preserve holiday traditions for everyone involved. Children often benefit when parents show cooperation instead of conflict. Co-parenting during the holidays works best when structure, communication and flexibility come together in a balanced way.

A season built on cooperation and support

Holidays do not have to become a source of stress or disagreement. When parents stay focused on their child’s needs, they create a more peaceful experience for everyone involved. Still, every family situation is unique, and custody arrangements can raise complex questions over time. Seeking guidance from a family law attorney can help parents understand their rights and build a plan that supports long-term stability and the child’s best interests.]]> On Behalf of Claudette-Jean Girard, Attorney at Law <![CDATA[Can your disability lead to the denial of custody of your child?]]> https://www.familyneedslaw.com/?p=51198 2026-06-09T11:32:28Z 2026-06-09T11:32:28Z A parent’s disability doesn’t automatically give grounds to deny custody. Massachusetts courts take various factors and circumstances into account before arriving at a decision. Even so, as a parent with a disability, you still might face challenges in the court. 

How can mental disability affect child custody?

People often stigmatize mental health conditions such as depression, anxiety or bipolar disorder. As a result, many capable parents are forced to fight against prejudice. In many cases, the other parent or the social worker may argue that your condition makes you emotionally volatile or unpredictable, putting the child’s safety at risk. 

Does physical disability impact your parental fitness?

A physical limitation doesn’t make a person incapable of parenting. In fact, over four million parents with disabilities have minor children in their custody. They are all taking care of their children, albeit in a different way than others. Yet, the other side may make unfair judgments about your ability in court. They may invent worst-case scenarios to portray you as less capable of caring for your child.  

What actually matters 

Family court generally considers what is best for the child. As a result, the court expects the parent seeking custody to demonstrate the physical and mental capacity to care for the child. So, regardless of your medical condition, you should be able to prove to the court that you are capable of meeting your child's daily needs without any hurdle.

How can you protect the custody of your child? 

Parenting is a fundamental right under both the Massachusetts and the U.S. Constitution. Additionally, the Americans with Disabilities Act (ADA) protects you against disability-based discrimination. While you have legal rights protecting you from discrimination, there can be a lot of unexpected hurdles down the road. Having an experienced child custody attorney can be helpful. ]]> On Behalf of Claudette-Jean Girard, Attorney at Law <![CDATA[3 things to remember if your ex stops paying child support]]> https://www.familyneedslaw.com/?p=51197 2026-06-09T10:11:17Z 2026-06-09T10:11:17Z Creating solid grounds for your case When your ex stops paying child support, you may feel trapped and try to take action against them. Following the steps below can increase your chances of receiving child support again:
  1. Avoid withholding your ex’s visitation rights
  2. Document financial details like the arrears and when the payment stopped
  3. Keep track of all your communication with your former spouse in writing
Under state law child support and visitation rights are seen as separate issues and withholding visitation can put you in contempt of court. Instead, documenting your finances and communications with your ex can give you an upper hand in your case.

Exploring legal options

Based on your documentation you may get two options to move forward with. First is asking the Department of Revenue (DOR) to file a case on your behalf. Second is directly filing a complaint of contempt with the court. Working with the DOR can slow down the process, but it comes with some benefits, such as having a state assigned representative who will schedule court proceedings on your behalf. In case your ex, the noncustodial parent, receives payments in cash or hides their assets, you can request your assigned counsel to investigate. However, even if the DOR attorney may handle the case for you, they ultimately answer to the state and may not provide standard attorney-client privilege. In contrast, an independent family law counsel would become your dedicated legal representative. You can discuss your situation more freely, due to attorney-client privilege.

Protecting your children’s future

Dealing with a difficult ex can be frustrating, but protecting your children takes priority. In such instances, taking a few steps can help you to build up a strong legal case. Your actions during this process have the potential to influence the case.]]> On Behalf of Claudette-Jean Girard, Attorney at Law <![CDATA[Relocating with children after divorce]]> https://www.familyneedslaw.com/?p=51188 2026-05-26T06:14:26Z 2026-05-26T06:14:26Z When 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=51187 2026-05-11T12:12:40Z 2026-05-11T12:12:40Z Why 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=51185 2026-04-28T12:12:15Z 2026-04-28T12:12:15Z When 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=51177 2026-04-22T15:52:47Z 2026-04-22T15:52:47Z Keep 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=51169 2026-04-12T15:29:15Z 2026-04-12T15:29:15Z Choosing 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.  ]]>