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Wellesley Family Law Blog

Get the compensation you need for support after a divorce

After going through a separation or divorce, you may think all the battles are over. Your child support arrangements are made, and custody has been determined. What happens when those determinations aren't upheld, and you end up losing out on child support or time with your child?

Family law arrangements are created in a legal setting, which means they must be followed by the parties involved in the case. If your ex is not following support arrangements or parenting plans that you have both agreed to, then it's time that you make sure he's held accountable.

Why child support guidelines are used in Massachusetts

Child support guidelines may make you feel uncomfortable during a divorce or child custody case, but they are there for good reason. While you may think some guidelines are too lenient or not lenient enough, these guidelines are there to protect your child from excessive stress and anxiety along with making sure the primary custodian has the money needed to support the child in question.

The main priority of these guidelines is to minimize the economic impact of a divorce or separation on the child's standard of living. Essentially, with the benefit of the funds, the mother or father, guardian or other party should be able to afford to care for the child to a similar standard as previously. Next, child support guidelines aim to promote joint parental responsibility when possible, at least when it comes to income.

When is the most popular time to divorce in Massachusetts?

If you're wondering which time of year ends up being the one with the most divorces, you probably aren't alone. It would seem that winter is when most people decide to cut themselves loose. Why is that? It could be the cold in some areas resulting in more stress and fewer chances to get outdoors or away from home, or maybe the couples are being forced to stay in close quarters more often visiting family, causing additional stress. Whatever the reason, it's been found that January is the month to watch out for.

One reason may be because those who were planning for divorce earlier in the year use January as a kick-off point for a new year. For instance, if you've ever caught yourself saying you'd start the new year off right, then you probably understand the concept. Divorcing at the first of the year means a fresh start for the next year, something New Year's Eve and New Year's Day have come to represent.

Slash heads for a divorce from wife of 13 years

If you're a fan of rock, then you may have heard the news that rocker Slash has decided to separate and divorce from his wife of 13 years. He filed the paperwork in Los Angeles, according to the report from December 30, citing irreconcilable differences with his wife.

The two have allegedly been separated since June 15, court papers showed. The two have two children, a 12-year-old and 10-year-old. The two boys recently went to Hawaii with their 39-year-old mother, the report claims, supporting the fact that Slash, known as Saul Hudson in the court papers, has requested joint custody.

'Dukes of Hazzard' star faces divorce after 21 years of marriage

As someone going through a divorce in Massachusetts, the last thing you want to do is have to worry about your divorce haunting you due to child support, spousal support or other factors that weigh you down in the future. As your divorce progresses, defending your rights is important. Of course, you know that, and so does the man in this case.

If you follow entertainment news, then you may have heard about one of the most recent celebrity divorces involving John Schneider. Snider is best known for his role in "The Dukes of Hazzard," but he is also known for starring on Tyler Perry's, "The Have and Have Nots." Those who are fans of comics such as Superman may know Schneider as Clark Kent's father in "Smallville."

Your high-asset divorce: Protect your rights in Massachusetts

Divorces are difficult for families, and they can have several elements involved that make them drag on for a significant amount of time. This is particularly true if you're faced with a high-asset divorce. Marriages with many assets must break these down and split them in many cases, and that can take much time and deliberation. Because of the potential for mistakes and wanting to be sure that you're getting your fair share, it's important to discuss your high-asset divorce with someone who can make sure your assets are being split fairly.

Some common things you may need to address include property division of your home or homes, the validity of a prenuptial agreement and spousal or alimony payments. Depending on your specific earnings, unallocated support may also be something you need to consider.

You have the right to child support in Massachusetts

Child support is not something that you and a spouse should have to fight over after a divorce or break up; it's meant to go to your children, the children you raised and intended on supporting until their adult lives. Although this is the case, sometimes you and the other parent may disagree on how much child support is needed or where it should be spent. If you've never been married, then someone may not feel obligated to pay, even though this isn't true by law.

In Massachusetts, child support amounts are determined by statute. That means that the income of each parent, the number of children being supported, and medical insurance costs will all be considered. If you have sole or joint custody, this can also affect how much child support is paid.

Are there special forms to file for a divorce in Massachusetts?

So, you've decided to file for divorce. You're likely wondering where to begin. It seems like a major task, and if you don't fill out all the paperwork, it can be troublesome. Fortunately, it's fairly easy to complete the paperwork as long as you do it in order.

When you want to file for divorce in Massachusetts, you need to file several documents depending on your situation. For a no-fault divorce, you'll need to file paperwork signed by both parties. This joint petition is called a form CJD 101A. You also have to submit a joint affidavit of irretrievable breakdown and a certified copy of your marriage certificate.

Massachusetts law: Parents and having children out of wedlock

Having children out of wedlock is not uncommon. Of course, if this happens, paternity needs to be established. Maternity is typically assumed, although in some cases, like those with surrogates, even maternity can be challenged.

If you're a father who had a child out of wedlock, you need to take action to be seen as the father of your child in the eyes of the law. You will need to fill out a document called the Stipulation for Voluntary Acknowledgement of Parentage in Massachusetts. This is done if both you and the mother agree that you're the father. If not, then you or the mother will need to file a lawsuit with the court to get DNA evidence that you are, in fact, the father.

Relocating: Your child and your rights as a parent

When you are divorced, you sometimes come across difficult situations that other families may not face. For instance, if you're given the opportunity to take a good job in another state but have a child in your custody, will you be able to move away from your son or daughter's father or mother? Is it fair to your ex or child to do so?

Child relocations are some of the most difficult and contentious issues family law courts see. A non-custodial parent could see it as an effort to block them from seeing his or her children, while the custodial parent may simply want to move forward with his or her life separate from his or her ex-spouse.

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