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SJC Determines New Standard for Modification of Child Support

Up until today, whenever someone filed for a Modification of Child Support, the standard of review that a court looks at is if there had been a “material and substantial change in circumstances” between the old child support order and the application of the Child Support Guidelines.  Today, Massachusett’s Supreme Judicial Court issued a binding opinion that clearly says that the standard…

Why Does My Lawyer Call Opposing Counsel “brother” or “sister” in court?

You might hear your lawyer often refer to opposing counsel in court as “brother” or “sister”.  This does not mean they are biologically brothers and sisters.  It is polite and customary for lawyers to address fellow members of the bar as brothers or sisters of the bar.  It is done out of respect rather than a formal rule. So the next time…

How do you fill out a Financial Statement for a Massachusetts Divorce?

Any time there is a dispute or issue in a Probate and Family Court, the court requires that a complete and up-to-date financial statement be submitted.  Many people think that this is no big deal and leave it until the day of court to fill it out.  That would be a mistake.  The court relies on the financial statement to calculate child…

What is Child Support Used For

“But that’s what child support is for!” I often hear this refrain, or its cousin “I understand that’s why s/he is paying child support”.  More often than not, it isn’t correct in the context.  People tend to think that a child support payment is intended to be the full contribution owed by a non-custodial parent, but that is rarely true.  So what…

Forced to Pay Child Support Even Though You’re Not The Father

The video above is about a father in Texas that later discovers that the baby he thought was his, turned out to be someone else’s.  However, the family court in Texas still required him to pay child support for that child. You think that can’t happen in a state like Massachusetts?  Well, you’re wrong. In Massachusetts, if a “father” is in a…

Paying Child Support with Cash

You should never pay your child support in cash!  The simple reason is that you cannot trace cash payments. If there is a court order for child support that’s requiring you to pay x amount in child support and you pay cash, who’s to say you actually paid it?  And in several years, how will you remembered if you’ve paid every single…

Family Law Myths Exposed

Anyone who’s had a matter in the Probate and Family Court in Massachusetts knows that you spend a lot of time waiting around the courthouse to be heard.  Being a Divorce Attorney, I often find myself sitting in the hallways of the courthouse waiting.  In these hours of waiting, I often hear unrepresented parties discussing their legal matters and I’ve come to…

How Does SSDI Affect My Child Support Order?

If you have recently become eligible for SSDI (Social Security Disability Insurance), it is likely that your minor child is also receiving a “Dependency Benefit”:  his or her own monthly benefit from the Social Security Administration (SSA).  The question is how this will affect your financial obligation in terms of child support?  In the Commonwealth of Massachusetts, it can make a big…

Should Anonymous Sperm Donors Pay Child Support?

In a novel case that’s being heard by the Court of Appeals here in Massachusetts, a woman who had 2 daughters through artificial insemination is demanding that her anonymous sperm donor’s identity be revealed so that she could establish paternity, child support and obtain medical information.  The case is on appeal from Boston, Suffolk County probate court. [article here] Sperm banks’ list…