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.

I have been working with triangle and EPIC on a new logo for handicapped individuals. It is beginning to get some traction. Check out the news report here. http://abcnews.go.com/GMA/video/york-city-imagines-handicapped-sign-19304095.

Differences Between Mediation and Conciliation

One of the issues that crops up frequently when I am advising potential clients of their legal options is the availability of ADR or alternative dispute resolution. ADR can offer a potential or current client an alternate path to the cost, time, and stress of traditional litigation.

             As a trained mediator in addition to my work as an attorney, I feel that with the right client and set of circumstances, mediation can be a far more quick and painless way to settle disputes in family law than traditional litigation. Any ADR process will require good faith, engagement and effort on the part of both parties to move towards a resolution. It is, at its heart, a cooperative process.

            Today I wanted to discuss two different types of ADR: mediation and conciliation. Both involve sitting down with a neutral third party and attempting to talk through the problem to a compromise in a less formal and considerably less costly setting than a courtroom.

However, there are large differences between the two: the first is that a conciliator actively evaluates each parties claim and position from a legal standpoint. A conciliator does not decide legal issues in a binding way. Their role is closer to that of a neutral third party attorney.  The parties have the option to meet together or separately with the conciliator.  The parties then voice their goals and concerns. The conciliator will then evaluate their respective legal positions, and attempt to work out a solution between the two parties in light of that evaluation.

 Appointed conciliators usually send a report back to the court at the end of the conciliation. Conciliation is typically offered by the court pending litigation. In the probate court, conciliation is usually offered at the pretrial hearing. 

            In contrast, mediators act as a neutral third party who facilitates a discussion between the people in the dispute. A mediator can neither give legal advice to a party, nor can he or she evaluate the strengths of a party’s claim. A mediator also cannot predict a likely outcome at trial. Generally a mediator will meet with both parties at the same time and attempt, through a group discussion, to facilitate a mutually agreed upon solution.

            Another difference is that a conciliator, unlike a mediator, must be admitted to practice law to the state bar. While attorneys (myself included) can be mediators; conciliators, by virtue of giving legal opinions, must be attorneys. A conciliator must also complete at least eight hours of additional training and other continuing education requirements.

In Massachusetts, court-certified mediators also have significant training requirements: they have between 30-40 hours of additional mediation training as dictated by the Supreme Judicial Court Standards for Neutrals. If they work in a specialized area like family law, certified mediators also generally have additional mandated training.

            With either of these ADR methods any solution created is not binding until it is submitted to a court with the blessing of both parties. ADR offers a less costly, less time consuming, and more cooperative alternative to traditional litigation. If you are interested in my mediation or conciliation services, please feel free to call my office.