Massachusetts Child Support Guidelines – Effective August 1, 2013

Massachusetts has revised the Child Support Guidelines with the new guidelines taking effect on August 1, 2013. The guidelines adjust the formula for child support and provides judges with more use of their discretion and takes into account the parenting plan.

Read the new Massachusetts Child Support Guidelines.

Divorce and the Business Owner: Protecting the Business

Some marriages may last for decades, others just a few years. No matter how long a marriage lasts, divorce can have a profound effect on a business, unless the business owner took steps ahead of time to minimize the impact of divorce.

One of the best ways to minimize the impact is with a prenuptial agreement. In the event of divorce, a prenuptial agreement can prove invaluable in protecting a business and its assets. Massachusetts considers a variety of factors when deciding how to divide a marital estate, and a prenuptial agreement can help protect a business that would not otherwise be protected. In order to ensure that a prenuptial agreement will be upheld, it is important to consider the following factors:

  • Both parties should enter into the agreement willingly.  Neither party should feel pressured to accept the terms of the agreement.
  • Full financial disclosure must take place on both sides.  This includes an exchange of financial information including assets, liabilities, salary, etc.
  • Both parties should have their own attorneys, or be given the opportunity to seek independent legal advice.
  • The terms of the agreement must be fair and reasonable at the time of execution and at the time enforcement is sought. [Read more…]

How Do Divorce Modifications Work In Massachusetts?

At the time of your divorce, you likely address issues regarding child support, custody, health insurance, college education costs, and division of property. However, not all agreements and judgments contemplate the future, or others go through changes that warrant alterations to an original agreement or judgment. This is why some people need to return to court to modify prior agreements or judgments. It is important to learn how these modifications work.

Change of Circumstances

One of the most important things to know is that you must have a material change of circumstances to return to court regarding a modification. This change of circumstances can equal a major move, a job change that affects the current custody arrangement or a change in income which affects a support order. Talk to a qualified attorney first to determine if your circumstances warrant a modification to avoid unnecessary time in court.

What Can Be Modified?

The Separation Agreement dictates what provisions may be modified in the future.  These provisions are known as merging.  The most common provisions of an agreement that merge are child related issues, health insurance, and possibly alimony.  Provisions that do not merge are called surviving provisions.  Surviving provisions are not modifiable, even due to a change in circumstances.  The most common surviving provision in an Agreement is the property division. [Read more…]