Divorce and Family Law Blog
Written by an experienced Divorce and Family Law Attorney with offices in Boston | Andover | Newburyport | Newton
Safeguards in Child Support Contempt Cases
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....
Suing to Recover Hidden Assets in Divorce
During a divorce, the court divides the parties’ property in an equitable manner. In order to do so, the parties must truthfully disclose to each other their assets and liabilities. What happens when one spouse is dishonest, or even fraudulent, in his or her...
Gestational Surrogacy Jurisdiction
Does the Massachusetts Probate and Family Court have jurisdiction over a case involving a Massachusetts gestational carrier if the biological father lives outside the United States with the child? That was the issue the Massachusetts Supreme Judicial Court recently...
Federal Veterans Disability Benefits in Divorce
Regarding equitable distribution of the marital estate in a divorce, does federal law preempt a Massachusetts judge from dividing a spouse's federal veterans disability benefits? The Massachusetts Appeals Court decided that...
Nondisparagement Order and Free Speech
A recent Massachusetts Supreme Judicial Court case discusses an important issue at the intersection of family law and the First Amendment -- a nondisparagement order. In custody cases, can a court issue an order that compels the...
Durational Limits for Alimony
In recent years, litigants have tested the new Massachusetts alimony laws in the state’s appellate courts numerous times. One of the most highly contested issues deals with the durational limits for alimony. With the Alimony...
DCF Family Reunification Efforts: New Case Law
In a recent case, Adoption of West, the Massachusetts Appeals Court addressed an important issue regarding the termination of parental rights: when and how a parent may assert a claim that the Department of Children and Families ("DCF") failed to make reasonable...
Grandparent’s Guardianship Petition
A recent Massachusetts appellate case discusses a grandparent's guardianship petition. In this case, a grandmother sought guardianship of her two minor grandchildren. The Appeals Court had to review whether it could offer any relief in this case. Here, the children...
Retroactive Alimony Modification: New Case Law
Generally, alimony payments are modifiable if one of the parties encounters a material change in circumstances. A new Massachusetts case deals with an interesting change regarding a retroactive alimony modification. This case involves one party serving a prison...
Attorney Liens in Massachusetts
Attorney’s fees can take a number of different forms, from flat fees to hourly fees, depending on the case involved. In some cases, a specific lien against the proceeds in a client’s case -- known as an attorney's lien -- can secure the attorney's fees. Attorney liens...