Divorce and Family Law Appeals Articles
by Damian Turco | Aug 3, 2017 | Adoption, Appeals, Custody
In a recent case, the Massachusetts Appeals Court discussed open adoption agreements. Specifically, it looked at the enforcement of clauses in agreements at the sole discretion of the adoptive parents. Background: In the case at hand, the adoptive parents adopted two... by Damian Turco | Jul 22, 2017 | Appeals, Prenuptial Agreement
Generally, in order for an antenuptial agreement (also known as a prenuptial agreement) to be considered valid and enforceable in Massachusetts, the agreement must meet the following elements: it must be in writing; signed by the parties; signed voluntarily and under... by Damian Turco | Jul 16, 2017 | Appeals, Child Support, Modification
Is the retroactive modification of child support payments a possibility in Massachusetts? Say, for example, that a payor party’s income increases. The receiving party does not file for modification right away–perhaps because she does not know of the increase in... by Damian Turco | Jul 1, 2017 | Alimony, Appeals, Equitable Distribution
May a party recover damages from a former romantic partner with whom the party cohabited, where the party contributed significantly to the improvement of the common home? Say, for example, that two people live together but never marry. One of them happens to be in the... by Damian Turco | Jun 24, 2017 | Appeals, Contempt, Divorce
How do civil contempt cases work? What is the standard of proof? In other words, what must the plaintiff prove in order to prevail in a contempt action? Example 1: Kyle is divorced and has primary custody of his two children. Kyle is concerned that his former spouse,... by Damian Turco | Jun 11, 2017 | Alimony, Appeals, Child Support, Equitable Distribution
Under some circumstances, there may be income imputed to a party for purposes of calculating alimony and child support. For example, what if a party voluntarily changes careers to a less lucrative one or takes an early retirement? The court may impute income to that...