Divorce Modification in Massachusetts

Once a divorce is finalized, the documents are filed with the courts. However, life is unpredictable and circumstances can change over time. In Massachusetts, if an earlier court order or judgment no longer suits the parties because circumstances have changed in a significant way since the order or judgment was issued, the court can “modify” the prior order or judgment.

Cases where a modification might be appropriate include those where the children are significantly older than at the time when the last child support order was issued, or where a person ordered to pay alimony has retired and now has a substantially smaller income than at the time he or she was ordered to pay alimony.

Sometimes a party may want to change an order or judgment because there is a legitimate need to do so, and it would be unfair not to allow a change. For example, when there is a typographical mistake in the written judgment, or when the opposing party lied about the value of a significant asset on his or her financial statement, and the lie influenced the judgment of the court.  [Read more…]

What You Need to Know About Child Custody in Massachusetts

Divorce is described as one of the most stressful events in a person’s life. Add children to the mix, coupled with questions of custody, support, and visitation, and emotions and stress can reach a breaking point. Wading through this difficult time calls for the help of a professional such as a divorce & family law attorney who also understands laws specific to Massachusetts.

Before you meet with an attorney, here are few pieces of information about child custody in Massachusetts that you’ll need to know in order to develop questions pertaining to your situation.

Two primary forms of child custody in Massachusetts

Physical custody determines where a child will live during certain periods of time.

Legal custody determines which parent has authority to make major decisions as in the doctor the child sees, the school the child attends, and even in which faith to raise the child.

Sole vs. shared custody
Sole physical custody means a child lives with one parent who is ultimately responsible for the child’s day-to-day supervision. The other parent is allowed reasonable visitation unless the court rules that this would not be in the child’s best interest.

Shared physical custody allows both parents a shared responsibility in raising the child while the child resides equally with both.

Sole legal custody gives one parent all rights and responsibilities to make major decisions in the child’s life. [Read more…]

Ways to Discover Hidden Assets During a Divorce

Despite complications to the marriage, most people enter the divorce process believing their soon to be ex-spouse is an honest person. However, this is not always the situation. The fact is, dishonesty is a common reason for seeking a divorce. Regardless, even if you have no reason to suspect your former partner is a liar, there is still good cause to be curious and concerned about their finances heading into a divorce.

Once a divorce begins, many people will do whatever it takes to conceal and hold on to what they believe is their money. Moreover, some will even create secret accounts, or perform other financial actions, during the course of the whole marriage. Discovering these hidden assets, during a divorce, is the only way to ensure you receive a fair settlement.

You should never rely entirely on your spouse’s financial affidavit. The good news is an experienced divorce attorney has many tools at their disposal often including a forensic accountant or other investigators and can uncover most everything during the discovery process.

In today’s world, many couples have very complicated and difficult to understand financial portfolios that may include retirement plans, stocks, vacation properties, and more. Regardless, deception is often easily discoverable. The hiding places are predictable. These are some of the more common:

1. Family and Friends – Your ex-spouse may conspire with family or good friends. This is often done by making payments for imaginary items or services, then getting reimbursed after the divorce. An experienced attorney will scrutinize payments made by both personal and business accounts.

2. Fake Employees – Having a fake employee on the payroll is a common technique for concealing the money generated by a business. While your ex-spouse may think they are being slick, an audit of their payroll will uncover the truth.

3. Unreported Income – Does your ex-spouse work in a cash business? Some people believe they can keep their true income hidden by excluding revenue from their financial statements. However, lifestyle costs often reveal the truth.

4. Collectibles – One way to hide money is investing in antiques and artwork, or even comic books and baseball cards. These items are often bought over the course of the marriage, and then the value is under-reported during the divorce.

5. Delayed Compensation – Your ex-spouse’s stock options, raises, and bonuses are all included in a divorce. However, if your ex-spouse has a friendly boss, they can conspire to delay promotions or payments of bonuses.

6. Custodial Accounts – One of the most devious methods of hiding money is setting up a custodial account in the name of one of their children. While this is hiding assets from the court, they are basically gifting the assets to their child. This can mean, if they eventually take the money back, they are stealing.

[Read more…]

What Can Be Modified in Your Massachusetts Divorce Agreement

Having the provisions of a divorce agreement modified under Massachusetts law is possible, based on how the separation agreement was written and the circumstances bringing about the request for a modification. Before bringing your modification request to the court, you need to consult with an experienced divorce attorney.

The first thing to realize is that there must be a material change in circumstances to request a modification, such as an employment change, a significant change of residence, or change in income. These changes can affect custody agreements and spousal and child support.

When drafting a separation agreement, there are two types of provisions addressed in the agreement: surviving and merging. Merging provisions are open to modification. Merging provisions are generally child specific issues like custody arrangements, support, and health insurance. Sometimes alimony can be a merging provision. Surviving provisions are generally not open to modification. An example of surviving provision is the division of property. [Read more…]

Divorce Matters and Restraining Order Cases

Restraining Orders

Often times a Restraining Order will serve as the first step to a divorce action.

Attorney Morte has successful challenged Restraining Orders that were obtained without advance notice and a hearing.  When the time came for presentation of the full set of facts and there was an opportunity for cross-examination, these Restraining Orders were dropped.

Alimony

Attorney Morte has helped numerous clients obtain Alimony in accordance with the recently enacted Alimony laws in Massachusetts.  The new laws generally allow for a spouse to obtain Alimony that ranges between 30% to 35% of the difference in income where there has been a long-term marriage.  Attorney Morte has been successful in obtaining awards for both men and women. [Read more…]