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Key Takeaways Custody orders can be changed when circumstances materially change. Massachusetts courts may modify an existing custody judgment when there has been a material and substantial change in circumstances and the modification is necessary for the child’s best...
Key Takeaways Popp mainly affects older alimony judgments. The Appeals Court’s analysis is especially important for divorces entered before the Massachusetts Alimony Reform Act took effect. Marital lifestyle still matters in some modification cases. When a court...
One of the more common questions that comes up after a divorce is whether it makes sense to go back to court to modify child support or alimony. The answer, as unsatisfying as it may initially sound, is that it depends. More specifically, it depends on the facts, the...
The Massachusetts Appeals Court recently decided Duval v. Duval. This case deals with the modification of an unallocated support order. While a court may order alimony to support a former spouse and order child support for the care of the parties' children,...
The Massachusetts Supreme Judicial Court ("SJC") recently decided Cavanagh v. Cavanagh (2022). This decision has major implications for alimony and child support orders, adding more complexity for judges, attorneys, and parties. The SJC in Cavanagh made multiple...
In Massachusetts, new child support guidelines went into effect on October 4, 2021. Click here to tune in as our attorney team discusses some of the biggest and more interesting changes to the 2021 Massachusetts Child Support Guidelines. Or, read the abbreviated...
Can my former spouse / co-parent force me to get a COVID vaccine for our minor child? As the COVID vaccine becomes available for younger children, many are asking this question. The short answer is that it's possible. Judges may make orders and judgments covering a...
If a judge agrees to reduce a party's existing alimony obligation, does that reduction automatically go into effect once the judgment issues? Or, can the judge delay the reduction's effective date? A recent Massachusetts Appeals Court case, Dolan v. Dolan, answers...
In cases of alimony, a court may deviate from the statutory durational limits "in the interests of justice." But can this deviation from the durational limits occur even after the statutory duration has expired? Recently, the Massachusetts Appeals Court decided that...
In many cases involving alimony, the court orders a party to pay alimony at the time of divorce. In some cases, a court may modify alimony after the divorce -- either increase, decrease, or altogether terminate alimony. To prevail on an alimony modification, the...