Why You Should Not Dread the Parent Education Class

 

 

It seems like only yesterday that you are cutting the cake, putting on the veil and the best man or maid of honor is telling a mildly inappropriate joke to a room of your family and closest friends. You have made the decision to separate from your significant other, or you have been served with divorce papers. And now the state is requiring me to take a class?

I had the distinct pleasure of sitting through one of the very same classes taught by Ann Steele LICSW and her colleague[B1] .  I want to begin by thanking the parents who allowed me to participate in the class. Describing their painful shared experience. I learned that next to experiencing the death of a spouse or love one, divorce is the third most painful human experiences according to studies. As divorce is one of the most painful experiences you will ever go through the course helps one to identify and sheds light on the feelings they are feeling as well as the stages they’re going through. As litigants begin the divorce process the course confronts issues such as, co-parenting, the stages of grief, and the issues your child may confront during this traumatic time. The course also expounds on what to expect from your child as they navigate through the process themselves.  Day one focuses on the feelings of the parents and early childhood development. Whereas day two to focuses on adolescence and the future of the family.  I would encourage each of my clients to attend this training not because it is mandatory but rather because it is necessary for the betterment of your family.  My father always told me that you must play the hand that you are dealt. Divorce ultimately can be a shocking and devastating hand but it is up to both parties involved to play that hand to the best of their ability.  I’m a better attorney and you will be a better parent having had the experience of taking the divorce state-mandated course. Yes it is mandatory. Yes it is a cost $80, and yes is worth it. Who knows you may find a support group or even a new friend who has the same shared experience. The classes take place at the Dedham community house.

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 [B1]

Announcement, new Co-Chair

I'm delighted to announce that I'll be assuming the Co-Chair of the BBA Communications Committee where we publish a quarterly newsletter on Family Law.

Please see link here:

http://www.bostonbar.org/sections/family-law/family-law-newsletter

Duration of temporary alimony is not included in final alimony calculation

In the first of a few recent cases the Supreme Judicial Court ruled that temporary alimony is not to be included in the durational limits of permanent alimony absent unfair delay by the recipient spouse or an unusually long duration of temporary alimony.

This case clarifies that there is in fact temporary alimony and that temporary and general term alimony are separate and distinct things and that temporary alimony is not figured in the calculation of permanent alimony.

This is one of the first cases to come down that clarifies the new alimony statute.  Look for the alimony article in the upcoming BBA newsletter.

SJC holds that abuse prevention orders do not apply in group home settings

In Silva v. Carmel, the SJC held that an abuse prevention order, more commonly known as a restraining order, does not apply in a group home setting. Looking at the strict elements of the statute, because they were not family members or in an intimate relationship, the protection of the restraining order would not apply. Furthermore a group home does not constitute a household. While I agree with the SJC's legal analysis, I disagree with the decision on policy grounds.

First, the purpose of a 209A restraining order is to protect people and the underlying purpose of the statute is to protect those in need. Second, a group home can form a family unit as many people who live in group homes have resided together for many years. And further the people with disabilities are a vulnerable population and susceptible to abuse. Of note, the individual could have filed an anti-harassment order under Massachusetts Law.

Veterans Legal Services Annual Gala

Veterans Legal Services provides free legal advice and representation to homeless and low-income veterans. They also provide legal advice and representation to individuals and families who are homeless or at risk of homelessness.

Veterans Legal Services relies on the support of their generous donors so they can continue to offer critical legal services to those who need it the most. Their Annual Gala which will be held tonight January 10, 2014 allows them to raise thousands of dollars to ensure that the organization can run for many years to come. A lot of time and preparation goes into preparing for this event, which includes securing a location, gathering valuable auction items and making sure that all of their donors know that they are greatly appreciated.

To find out more information about Veterans Legal Services and the event or to learn more about how you can get involved with the organization you can visit their website at http://veteranslegalservices.org. or contact me at 617-236-5847

Veterans Legal Services Board Members

Violence Against Women Act

His voice thick with emotion, Vice President Joe Biden on Wednesday again toured the National Domestic Violence Hotline he helped create, calling victims of such abuse "prisoners in plain sight."

Housed in an unmarked building in suburban Austin, the hotline was founded in 1996, two years after Congress approved the federal Violence Against Women Act, which Biden sponsored while still a senator from Delaware. (abcnews.com)

The violence against women act provides protection for women against all forms of domestic violence. It provided stiffer penalties and resources to approach the issue of domestic violence from an all encompassing perspective. 

The 2013 re-authorization expanded the act to allow for protection of same sex victims. October was domestic violence awareness month and I thought a little bit of background information might be fitting. 

Please see this link for further information:http://en.wikipedia.org/wiki/Violence_Against_Women_Act

To come in future blogs are some startling statistics on domestic violence

Changes to Massachusetts Child Support Guidelines

Today is the day that the new Child Support Guidelines take effect in Massachusetts. These new guidelines include some changes that are important to know about if you have a legal issue related to the amount child support that you pay, or the amount that you receive as a parent.

The Child Support Guidelines help judges to figure out how much support should ordered, on a temporary or permanent basis. The new guidelines seek to improve this calculation method, by taking into consideration the economic realities families are dealing with. One factor that goes into the calculation is income. Under the new guidelines, income that a party receives from means tested benefits (SSI, TAFDC, SNAP, etc.) is not included in the calculation.

Sometimes, the court “attributes” income to one party who may be intentionally unemployed or only employed part-time. This is income not actually earned, but which the parent could earn. Under the new guidelines, availability of employment must be considered when deciding the issue of attributed income. Parties alleging attributed income must show that the there are available jobs out there, at that income level, which the parent is choosing not to take. The guidelines also note that the court has discretion to consider all, part, or none of the income that a parent obtains by working a second job or overtime.

The new guidelines especially affect parents whose combined income exceeds $250,000. They also affect those who have less than equal (50/50) parenting time, but more than two thirds/one third. This way, parents who have their kids for a significant amount of time and share in many of the expenditures don’t have to pay such a high amount in support.

Overall, it seems that many calculations under the new guidelines will result in slightly lower support payments. This is not always going to be the case, but the general attitude over the past few years has centered around the notion that the guidelines were producing payment amounts that were more than many parents’ could afford.

You can find additional information on the Massachusetts Court System’s website: http://www.mass.gov/courts/childsupport/

DISCLAIMER: This site and all information on it is intended for informational purposes only, and is NOT LEGAL ADVICE. You should seek competent legal representation on any legal matter.