Claudette-Jean Girard, Attorney at Law Claudette-Jean Girard, Attorney at Law 2026-08-14T14:48:16Z 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[Does a new spouse’s income affect child support?]]> https://www.familyneedslaw.com/?p=51207 2026-08-14T14:48:16Z 2026-08-14T14:48:16Z Remarriage can feel like a fresh start, but child support can make the financial side more complicated. If you or your former partner is getting married again, you may worry that a new spouse’s paycheck could raise what you owe or reduce what you receive. That concern makes sense when household finances may suddenly look very different. Massachusetts looks at several pieces of that picture, so it helps to know which changes can actually affect a support review.

Child support still focuses on the parents

Massachusetts child support starts with the income of the child’s parents. The state guidelines identify many types of income that can enter the calculation, including wages, bonuses, self-employment income and certain benefits. A new spouse’s salary is not simply added to yours because you now share a household.

Shared household costs may affect the bigger picture

A new marriage can still change your finances in practical ways. Perhaps you now split the mortgage, utilities or groceries, leaving your own monthly expenses different from when the support order was entered. If either parent asks the court to review support, the judge can look at current income, expenses and other relevant circumstances. Those details are different from simply counting the new spouse’s paycheck. Reviewing your child support options can help you understand which changes may matter before deciding whether to seek a modification.

Remarriage does not rewrite an existing order

Remarrying does not, by itself, increase or reduce the amount you pay or receive. Massachusetts allows child support modifications in certain circumstances, including when there has been a material and substantial change or when applying the guidelines would produce a different amount. Until the court changes the order, the current amount remains in place. Even if both parents agree that another figure seems fair, an informal arrangement does not replace the order.

Check what changed before taking the next step

If remarriage has changed your household budget, gather recent pay stubs, tax returns and records of recurring expenses. Compare them with the circumstances in place when the court issued the current order. That review gives you a clearer basis for deciding whether to leave the order alone or explore a formal modification. If your finances keep changing, updated records can also make any future review easier.]]> On Behalf of Claudette-Jean Girard, Attorney at Law <![CDATA[Should you file for divorce first in Massachusetts?]]> https://www.familyneedslaw.com/?p=51206 2026-08-05T07:15:12Z 2026-08-05T06:52:12Z Why filing first matters In the eyes of the law, both spouses will be treated the same regardless of which spouse files first. However, when filing through the Probate and Family Court, the spouse who files first may have some strategic advantage compared to the respondent. Furthermore, with a head start, you might get more time to prepare your defense strategy with the help of an attorney.

When might filing first make sense?

Apart from strategic advantage, there can be plenty of other reasons why you want to file for the divorce first. Filing first can help you in the following situations:
  • You fear your spouse may hide their assets
  • You want to present your evidence and testimony first before the court
  • You want to set the wheels in motion
Whatever the reason, careful consideration of your personal circumstances is key to making an informed decision

How an attorney may help

After filing for divorce in Massachusetts, the proceedings can take unexpected turns before the court issues a final judgment. With the help of an attorney experienced in divorce, you may be able to navigate the twists and turns of the case. Furthermore, they can help you assess your situation and suggest a strategy that aligns with your desired outcomes.]]> On Behalf of Claudette-Jean Girard, Attorney at Law <![CDATA[Custody plans for a child with special needs]]> https://www.familyneedslaw.com/?p=51205 2026-07-31T10:04:50Z 2026-07-31T10:04:50Z Primary factors in specialized child custody agreements You need clear terms about who makes healthcare choices and who handles daily care. Judges look closely at which parent manages doctor appointments, therapy schedules and medication. Key factors for your custody agreement include:
  • Who selects primary care doctors and therapists.
  • Who gives legal consent for treatments and medical procedures.
  • How you share decisions about special education services.
Judges favor custody agreements that keep your child's daily schedule stable.

Allocations for medical expenses and long-term care

Standard child support covers everyday food and shelter, but extra healthcare costs take additional planning. Current as of July 2026, the parent who receives child support pays the first $250 each year in total out of pocket medical costs for all children. Any costs above $250—such as therapy copays, adaptive tools or special diets—are split based on your relative incomes. Support can continue past age 18 for a dependent child, but legal decision power transfers to adult guardianship once your child turns 18 years old.

Steps to preserve routine across two households

Children thrive on predictability, especially when moving between two homes. You can write specific rules into your custody plan for sleep times, diet rules and therapy habits. You should also set up a calm way to send medical updates and handle emergencies together. Clear written guidelines keep daily care consistent and lower stress for everyone.

Protect your child's long-term stability with clear legal terms

Creating a legal order gives your child a secure framework for the future. Well written terms prevent confusion down the road and protect your child's access to vital care. You can speak with a local family law attorney to build a custody plan that protects your rights and meets your child's unique needs.]]> On Behalf of Claudette-Jean Girard, Attorney at Law <![CDATA[Recognizing premarital cohabitation in a same-sex divorce]]> https://www.familyneedslaw.com/?p=51204 2026-07-14T13:08:16Z 2026-07-27T13:05:29Z Massachusetts was the first state to legalize same-sex marriage in 2004. Prior to this, many couples shared lives, finances and homes for years before they were legally permitted to say “I do.” When the marriage ends in a divorce, many wonder if that period of cohabitation can affect the financial outcomes of a separation. If you find yourself in this situation, it is possible to present your relationship history to help reframe the court’s fairness analysis. When you understand the calculation and legal requirements, you are better equipped to fight for an equitable result.

Why the length of marriage matters

In Massachusetts, the duration of alimony is strictly tied to the number of months married. Additionally, the marital estate often expands the longer a marriage lasts, affecting how the court divides property, pensions and savings. 

The challenge of pre-marital cohabitation

Courts usually measure marriage length from the wedding date, not when the couple began living together. As a result, pre-marital cohabitation is typically excluded from the duration of marriage.  However, lawyers can ask the court to include that period if the marriage was part of a much longer economic and domestic partnership. If the couple lived together and functioned as a family unit for years prior to marriage, the court should consider the full relationship when deciding what is fair in a divorce. While these facts may not change the official start date of the marriage, they can influence the judge’s overall assessment of fairness. As a result, pre-marital cohabitation may indirectly affect the outcome even if it is not formally counted as marital time.

Proving a marriage-like relationship

To support your claim that your relationship was more than cohabitation prior to marriage, you can present the following:
  • Joint bank accounts
  • Shared financial responsibilities
  • Photos and videos of your family over the years
  • Joint property titles or leases
  • Statements from friends and family about your relationship 
  • Beneficiary designations on estate documents before the legal wedding
When taken together, this evidence can help demonstrate that your union truly operated like a marital partnership well before the legal ceremony.

Protecting your financial future

If you are ending a marital relationship that predates marriage equality, it is vital to ensure that courts do not overlook that time during divorce proceedings. A lawyer can advocate for the full history of your partnership to help achieve a fair outcome.]]> 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.]]>