Hiding assets is a hot topic in divorce. In Massachusetts, one of the court’s goals in a divorce is to divide assets fairly–though not necessarily equally–between the parties. This is done through a process known as equitable distribution. The court...
In a new case, the Massachusetts Supreme Judicial Court addresses the important constitutional safeguards a defendant must receive in a child support contempt matter. Case Facts The parties in the case, Department of Revenue Child Support Enforcement v....
As part of James and Jeri’s divorce, James is ordered to pay $153 per week in child support. For the past two months, James has not paid any support to Jeri. What could happen in this case? There can be several consequences for parents when they do not pay their child...
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,...
Under what circumstances do criminal charges apply to a person who willfully or negligently refuses to take care of an immediate family member, such as a spouse, child, or parent? Several Massachusetts statutes are applicable to this question. First, Massachusetts...
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