The ramifications of violating a temporary or permanent child custody order are significant. This post addresses conduct that subjects a parent to a contempt finding by a Probate and Family Court. Additionally, penalties and remedies for defying custody orders are...
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Retroactive Application of New Juvenile Delinquency Law
New laws typically do not apply retroactively to cases that have come before its passage. Retroactive application arose recently in the context of juvenile delinquency law by the Supreme Judicial Court of Massachusetts. New juvenile delinquency law At the center of...
Alimony Modification and the Emancipation
A recent Massachusetts case addressed the issue of alimony modification where the event triggering a material change of circumstances was the emancipation of a child. Background: In Flor v. Flor, the parties’ divorce judgment ordered the husband to pay the wife child...
The Health of the Parties in Modification of Alimony
After a judgment has been ordered by the court for alimony there are certain situations where either party may take action to modify the judgment.[1] For a party to be successful on a claim for alimony modification, the party must prove to the court that there has...
Modification of Alimony Payments
Kelly and Alex were granted a divorce. The judge also entered a judgment for alimony payments that ordered Kelly to pay Alex $800 per month, along with providing health insurance for Alex. Kelly has not complied with the health insurance requirement, although she has...
Retroactive Modification of Child Support Payments
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...
What are Void and Voidable Marriages?
A wedding may be the happiest day of one’s life; however, in some cases, the wedding day might not lead to a valid marriage. In fact, some marriages are voidable. Moreover, They can be annulled under certain circumstances. According to the courts' well-established...
Is a Lawyer Needed for a Prenuptial Agreement?
Prenuptial or premarital agreements have become more popular in recent years for a variety of reasons. With the shrinking middle class, many entering their first marriage expect significant inheritances or gifts from parents. People entering second marriages often...