tag:,2010:/16 2009-05-22T14:40:53Z Boston Child Custody Attorney Movable Type Pro 4.34-en tag:www.bostonchildcustodyattorney.com,2009://16.6856 2009-05-25T14:11:42Z 2009-05-22T14:40:53Z

While determining child support may appear to be rather straight-forward, challenges often arise when one spouse tries to disguise what their true earnings are when they receive benefits other than just a regular paycheck. If you have a self-employed spouse,...

Irwin M. Pollack, Esq. http://www.BostonChildCustodyAttorney.com child support may appear to be rather straight-forward, challenges often arise when one spouse tries to disguise what their true earnings are when they receive benefits other than just a regular paycheck. If you have a self-employed spouse, not only might you consider retaining the services of a forensic accountant, but insist that your attorney does a thorough job with discovery in an effort to arrive at a fair and equitable support order. As an example, here are five ways that income can pass "under the radar": 1. Your spouse may set-up a "straw" employee such that money is paid to a non-existent employee. It is not uncommon for such checks to be voided after the divorce or modification matter is resolved. Our attorneys often take the deposition of the payroll supervisor in order to lock in their story. 2. In order to show high expenses, and low(er) profits, your spouse may show money paid from the business to someone close - such as a father, mother, girlfriend or boyfriend - for services never rendered. In such cases, the money is returned to the party after the divorce is final. 3. Some spouses delay in signing long-term business contracts until after the contested divorce or modification matter goes to judgment. Although this may appear to be smart planning, the intent is to lower the value of the support order. As such, this practice is considered hiding assets and income and looked down upon by the court. 4. In some cases, the expenses listed on a spouse's financial statement are considerably higher than the reported income would support. In this case, the court would welcome a detailed analysis of personal lifestyle, spending patterns and cash flow in order to assist the judge in arriving at an equitable support obligation. Think about it: there are all aspects of compensation to determine actual income including travel, meal and auto allowances; bonuses; retirement contributions; commissions; insurance and payment of personal expenses, etc. 5. If your spouse is in a business or industry where there is considerable variation in income due to seasonal employment, overtime, second jobs, bonuses, or profit sharing, etc. you're well-advised to taking a two- or three-year average over a consistent period when such variation exists. If you find yourself confused about how to address the issue of support with a self-employed spouse, contact us for no-obligation at (800) 910-DIVORCE. ]]> tag:www.bostonchildcustodyattorney.com,2009://16.6854 2009-05-22T14:15:12Z 2009-05-22T14:10:50Z

Once the divorce process begins, it is not out of the ordinary for litigants to make comments with the hopes of intimidating, upsetting, or causing stress for each other. Additionally, not only is it not uncommon, but it's really easy...

Irwin M. Pollack, Esq. http://www.BostonChildCustodyAttorney.com divorce process begins, it is not out of the ordinary for litigants to make comments with the hopes of intimidating, upsetting, or causing stress for each other. Additionally, not only is it not uncommon, but it's really easy - after all, think about it: because of the close relationship, and how well each of you knows each other, it's a simple talk knowing which remarks to make that will cause the maximum response on the intended "victim." The typical remarks we hear about (and subsequently explain to our clients in the attempt to calm their worries) include: "I'm going to drag the case on forever. By the time we're done, you'll have nothing - and I'll see to it that it ends-up that way!" "I've got the best lawyer in town. He (or she) is going to crush your lawyer." "Your lawyer is a well-known crook. He (or she) is only dragging this out in order to get money that should be going to the kids." "My lawyer knows all of the judges. There's no way that you'll get a good result - give up now!" "I'm going to get custody of the children, move, and you'll never see them again...mark my words." "I'm going to tell the children the real truth about this divorce and they'll learn who you really are." "You can't trust the lawyers - they're all friendly with each other and they're taking our money." It is often said that retaining a Divorce Dream Team goes a long way in building a strong case in court, and our attorneys will tell you how there is rarely any basis for these comments. Their only purpose is to provoke the opposition. Don't live with needless emotional stress and anxiety. Ignore your soon-to-be ex-spouse, recognize the motivation behind his (or her) comments, and focus on the divorce issues that matter. Learn more by listening to our Divorce Seminars or reading about how to deal with your ex-spouse. ]]> tag:www.bostonchildcustodyattorney.com,2009://16.5756 2009-03-16T16:40:00Z 2009-03-16T16:53:16Z

After you've done your divorce planning, attempted to make some decisions with your spouse, and then begin the divorce process begins, it is not unusual for one - or both parties to a divorce action, by the fifth or sixth...

Joseph Mullin, Esquire http://www.bostonchildcustodyattorney.com divorce planning, attempted to make some decisions with your spouse, and then begin the divorce process begins, it is not unusual for one - or both parties to a divorce action, by the fifth or sixth month, to become impatient. Quite often, when settlement proposals begin, litigants become tempted to just sign the agreement in order to get the divorce over with. While some lawyers may consider this "stall, and wear out the other side" tactic a secret, but for the spouse being taken advantage of, it's a big mistake. Think about it: even if everything looks fair and equitable on the face, you may not really be getting a good deal. It's understandable that most people don't have an understanding about divorce finances, so consider these tips: 1. Don't disregard how inflation can impact your divorce settlement. Consider the cost of a child's college education - or even retirement - 15 or 20 years down the road. 2. Remember to update your estate planning documents. After a divorce battle, it's easy to forget details like changing the beneficiaries on your life insurance policy or will. 3. You must insure what you've agreed to in your settlement. In Massachusetts, support terminates at death; accordingly, make sure that life insurance is an issue covered in your agreement. 4. Understand the difference between survival and merger when it comes to support. Simply stated, some portions of a divorce agreement can be changed later, others cannot. Provisions of an agreement that "survive" have an independent life of their own; they cannot be modified later - even if there is a change in circumstances. Alternatively, a provision that merges has the ability to be modified at any point when the moving party can demonstrate a change in circumstances. The only requirement is one must file a Complaint for Modification. 5. Hidden Assets: Don't forget to have your attorney or financial analyst assess the issue of whether assets may be under-reported or missing - especially if there's the element of a family business involved. You may consider engaging the services of a private investigator or forensic accountant. Finally, make certain that you educate yourself on those tax ramifications relating to a divorce settlement, retirement accounts, and those involving stock options. Taking these extra precautionary steps will ensure that you're setting yourself up for a secure future post-divorce. Contact us for a no-obligation consultation. ]]> tag:www.bostonchildcustodyattorney.com,2009://16.5037 2009-02-27T18:24:28Z 2009-02-02T18:44:25Z

Experts agree that, often times, the following signs of divorce are a tip-off that your marriage is over: - There's a lack of intimacy. Neither of you communicate about the downward spiral - you've simply gone from lovers to roommates....

Irwin M. Pollack, Esq. http://www.BostonChildCustodyAttorney.com signs of divorce are a tip-off that your marriage is over: - There's a lack of intimacy. Neither of you communicate about the downward spiral - you've simply gone from lovers to roommates. - The two of you fight constantly, and you've lost the ability or interest in resolving your marital problems. - One, or both, of you over-schedule yourselves and avoid going home. Sadly enough, even when two people have everything they once wanted - a home, a family...even a loving spouse - it may not be enough. One of the hardest realities to accept is that, once divorce begins, you and your partner have competitive and distinct economic interests. Accordingly, the prudent thing to do is to step up to the plate, take control of the situation, and manage your divorce like a business. The first step is to start preparing for divorce. Create a document checklist and begin making copies of the most basic finances. The second step is to hire a lawyer. While you do have the right to represent yourself, getting started with divorce and the push to file first tends to be a stressful process - especially if you take matters into your own hands. Waiting for divorce to begin may be too late. Ask those who have been there before - the key is divorce planning, having a game plan and building a "divorce team" to protect both you and your children. ]]> tag:www.bostonchildcustodyattorney.com,2009://16.4836 2009-02-18T17:55:13Z 2009-01-20T18:13:11Z

If you have children, one of your greatest concerns may be how divorce will affect your children. For many, the questions to ask and issues to address are endless: how should you explain divorce to your children? Which spouse moves...

Irwin M. Pollack, Esq. http://www.BostonChildCustodyAttorney.com explain divorce to your children? Which spouse moves out? How do you deal with the marital home? How should you ease the children's transition between two homes? Who gets custody? Experts agree that, no matter what the answers are to the questions above, for the sake of your children's best interests, put aside any hurt and anger you may be feeling about your spouse so that you can address what your children need most. Furthermore, tell your children how you are not divorcing them, too. When children don't understand what is going on, they tend to draw their own conclusions - and often blame themselves for the divorce. Chances are that your children will have many questions. After you've told them about divorce, expect to revisit the topic several times as they address questions of their own. Expect that they'll want to know where they are going to live, where their brothers or sisters will live, whether they'll have to move, change schools, etc. To learn more, read about the custody and visitation process, breaking the news to children or learning more about how divorce affects children. If you anticipate a custody battle, learn more about custody evaluations, what to do when children don't want to visit, and issues relating to parental alienation or parental kidnapping. ]]> tag:www.bostonchildcustodyattorney.com,2009://16.4772 2009-02-09T13:13:24Z 2009-01-15T13:21:11Z

Once you understand the concept of the equitable distribution statute in Massachusetts, there are two different types of property that you need to divide with your spouse - real property and personal property. When it comes to real property (real...

Irwin M. Pollack, Esq. http://www.BostonChildCustodyAttorney.com statute in Massachusetts, there are two different types of property that you need to divide with your spouse - real property and personal property. When it comes to real property (real estate), it comes down to you thinking about the pros and cons of keeping the marital home. Personal property is the harder of the two, and if you and your spouse are having trouble reaching agreement about how to divide what you've accumulated over the years, here are the latest tips from our divorce lawyers and family law attorneys: 1. Realize early-on that you're not going to get everything (or leave your spouse without anything). The best thing you can do is list everything that you and your spouse own - individually or jointly - from either before marriage or among those assets that you've accumulated during your marriage. Next to each item, assign a dollar value. This value should represent the current value, and not the replacement value. Think about it: one spouse keeps the television, and the other will have to purchase a new one. Once you're done with the list, add-up the total value of all your items, divide the total in half, and decide what's on your priority list and what may be on your spouse's list. Do your best to make it a best-scenario, all things considered! Courts appreciate when couples can decide amongst themselves the division of all personal property. Judges would rather not get involved in arguments over the hammock, the couch, or grandma's antique china. 2. Choose items alternatively. Go to the list you made in #1, then each of you take turns selecting items from the list without regard for the value of items selected. 3. You and your spouse list all of your property (as outlined in #1 above), and then one spouse divides this "master list" into two lists (as evenly as possible), and the other chooses which list he or she wants. 4. Consider selling everything, and then divide the proceeds evenly. 5. Consider conducting a private auction whereas each of you bid against the other on any property that you cannot agree on. From there, payment can be made from one to the other in order to equalize the division of property. ]]> tag:www.bostonchildcustodyattorney.com,2009://16.4771 2009-02-01T12:54:06Z 2009-01-15T13:08:01Z

Years ago, the "Tender Years" Doctrine assumed that the mother was presumed to be the better parent for children under the age of six. Today, the law governing the custodial interests of parents as to their unemancipated children is construed...

Irwin M. Pollack, Esq. http://www.BostonChildCustodyAttorney.com the law governing the custodial interests of parents as to their unemancipated children is construed in a gender-neutral manner. Interestingly enough, parents possess a fundamental liberty interest, protected by the 14th Amendment, to be free from unnecessary governmental intrusion in the raising of their children. Upon divorce, however, when parents cannot agree, that's when the court can justify its imposition. Quite often, the Judge may order a Guardian Ad Litem investigation to assist the court in determining the best interest of the child. If you sense there may be a custody battle, contact us or read about how to prepare your case for custody. While Judges, lawyers and even divorce litigants speak of a parent's "right" to custody, this is misleading. It's more accurate to refer to a parent's "interest" in raising a child rather than their "right." After all, in Massachusetts the focus will always be on the welfare of a child rather than on the rights of his or her parents. This is a hard concept for many parents to understand. Especially when heightened emotions (like those in a divorce) come into play, litigants find themselves doing things that they may think they have a right to do, but actually hurt them because their actions are viewed as being disingenuous. Just to be safe, you should read about custody risk factors. To learn more, go to our quick link on custody/visitation. If you're concerned about changing a custody order, go here. ]]> tag:www.bostonchildcustodyattorney.com,2009://16.4770 2009-01-21T12:38:00Z 2009-01-21T20:45:46Z

A putative father is either asserting paternity or contesting his parentage of a child in the absence of a presumption of determined legal status. Under state and federal law, the putative father has certain rights, but is very restricted in...

Joseph Mullin, Esquire http://www.bostonchildcustodyattorney.com paternity or contesting his parentage of a child in the absence of a presumption of determined legal status. Under state and federal law, the putative father has certain rights, but is very restricted in how he may assert those rights. Generally, when a child is born of the marriage, there is a presumption that the husband is the legal father, and paternity shall not be challenged as a matter of law. The purpose of this presumption is to protect children from the stigma of illegitimacy, which would deprive them of their rights of inheritance and succession. This presumption is "one of the strongest and most pervasive known to the law." In re Findlay, 428 N.Y.S. 2d 865 (1980). G.L. c. 209C, Section 5(a) specifically does not permit a paternity action to be brought by a putative father. However, this does not take away the right of the putative father to bring a complaint to establish paternity under the general equity jurisdiction of the probate and family court under G.L. c. 209C, Section 6. To do so, The court must examine the relationship as a whole with the child, taking into account such factors as emotional bonds, economic support, custody of the child, personal association, putative father's commitment to attending to the child's needs, as well as any other factors that bear on the nature of the alleged parent-child relationship. In addition to the above, the putative father must develop a solid legal and factual record, set forth in a sworn, verified complaint, or an affidavit to meet the high standard to rebut the presumption of legitimacy, which is proof beyond a reasonable doubt. At the end of the day, the decision must be what is in the best interest of the child. ]]> tag:www.bostonchildcustodyattorney.com,2009://16.4737 2009-01-16T19:00:33Z 2009-01-15T13:22:05Z

When divorce begins, it's quite common for the husband or wife of a business owner to feel vulnerable. After all, if they've been left out of the loop, they have no true understanding of the finances of the business. Moreover,...

Irwin M. Pollack, Esq. http://www.BostonChildCustodyAttorney.com hide assets, or even follow-through on their threats or tricks to leave their partner with no part of what is, most likely, one of the largest assets in the parties' joint marital estate. For starters, consider these two pieces of advice: first, don't listen to your spouse. Instead, when you want to know what will happen on your day in court, do some reading of your own. Secondly, do more research on family-owned business problems in divorce. What follows is the overview of what you should be focusing on: 1. When two parties divorce, and one has a business ownership interest, one spouse wants the business to be as big as Warren Buffet's empire, and the other wants it to look like the business is going under (I refer to this as "RAIDS" - Recently Acquired Income Deficiency Syndrome). 2. The problem is that business owners have many options to hide money or control the finances and how they are written up on tax returns. 3. Our attorneys most commonly start the discovery process by sending a request for production of documents. Along with the help from our business valuation experts, we look for: phantom employees that don't exist, business property leased from unknown people or corporate entities, an unusual imbalance between earnings and assets, and improper personal expenses flowing through the business. Business owners have real opportunities when it comes to divorce. At the same time, many spouses go without rightful property division, child support and alimony because they don't have the energy or know-how to discover the truth. You owe it to yourself - and to your children - and our attorneys encourage you to contact us for a no-obligation consultation. ]]> tag:www.bostonchildcustodyattorney.com,2009://16.4736 2009-01-14T14:00:00Z 2009-01-14T14:11:12Z

When one parent wants to relocate with children, custody and modification issues are often triggered. The non-moving parent has a legitimate concern as a move out-of-state often interferes with that parent's parenting time, not to mention an interference with a...

Irwin M. Pollack, Esq. http://www.BostonChildCustodyAttorney.com relocate with children, custody and modification issues are often triggered. The non-moving parent has a legitimate concern as a move out-of-state often interferes with that parent's parenting time, not to mention an interference with a prior Agreement. Whether a relocation issue is being precipitated by a job transfer, a remarriage, or some other reason, our lawyers can help. If you're the parent who wants to oppose the move, contact us to help you present a compelling case as to why the move is not in your child's best interest. The parent who wants to move with the child must file a Complaint for Modification in court and seek permission to relocate. Case law on this matter dictates that the Judge, after listening to all of the evidence, must decide whether there is a real advantage in the move, and whether the move out of state is in the child's best interest. As a general proposition, the court will look at the continuity and stability of the current arrangement and the harm that may result from disruption of established patterns of care. Additionally, the Judge will weigh the reasons for the proposed move, the effect of the move on the child's access to the other parent, the impact of the move on the current relationship between the left-behind parent and the child, the distance and travel arrangements required by the move, the parties' past compliance with court orders, and the wishes of the child, if the child is of the age and maturity to have a say in the matter. If you are not the primary custodial parent, or if the children are not moving with you, your schedule may be altered. The good news behind all of this is Judges put their best foot forward in making a ruling in such a way that the child's best interests are made the top priority - first and foremost. Quite often, instead of the issue being viewed in a black or white matter, Judges have a way of using shades of grey in a way that everybody benefits and nobody loses. Contact us to learn more. ]]> tag:www.bostonchildcustodyattorney.com,2008://16.4564 2008-12-29T13:22:22Z 2008-12-24T13:36:40Z

Co-Parenting after a divorce can be a difficult thing. You've spent years with your former partner only to realize that your relationship won't be forever. You might not want to ever see this person again, but if you have children,...

Sarah De Oliveira, Esquire http://www.bostonchildcustodyattorney.com Co-Parenting after a divorce can be a difficult thing. You've spent years with your former partner only to realize that your relationship won't be forever. You might not want to ever see this person again, but if you have children, this person will be in your life for many years to come. The labels "Wife" and "Husband" may no longer apply, but the labels "Mom" and "Dad" will never go away. If you're a new co-parent, you should resolve to make 2009 as easy for your children as possible. If you've been a co-parent for a while, you should resolve to make 2009 the most cooperative year yet! Here's a list of resolutions to help you start the new year off right for yourself and your children. 1. Resolve to put your children's needs ahead of any problems you may be having with your former spouse. Your children love both parents and shouldn't have to worry about conflict between their mom and dad. They need to maintain a good relationship with both parents. 2. If your interaction with the other parent is contentious, resolve to limit your conversations with the other parent only to topics dealing with your children. 3. Try to better agree on rules to enforce while the children are in each parent's home. Avoid confusing the children. 4. Resolve to keep a connection to your children even when it's not your day to see them. Send emails, texts and instant messages. You don't want to be a visitor in your children's lives. However, if your co-parenting plan isn't working out even though you're doing your best to make it work, give me a call and we'll see if there's anything we can do to help you out! ]]> tag:www.bostonchildcustodyattorney.com,2008://16.4563 2008-12-24T14:00:00Z 2008-12-24T13:20:58Z

Whether you are already involved in a domestic relations matter or are contemplating beginning the divorce process, the chances are extremely high (if you have children) that the new Child Support Guidelines will affect you. These revised guidelines, which will...

Leila Wons, Esquire http://www.bostonchildcustodyattorney.com divorce process, the chances are extremely high (if you have children) that the new Child Support Guidelines will affect you. These revised guidelines, which will take effect January 1, 2009, have been designed to be clearer, simpler and more comprehensive than the previous version last amended in 2002. They will particularly affect you if you fall within any of the following categories: - Never-married parents; - Working primary caretakers; or - Parents currently paying child support who have become increasingly involved in the parenting of their child(ren). The following are a handful of the changes made to the Child Support Guidelines: - Unreported and non-taxed income is included in the support obligation, and the Court may consider such factors as expense reimbursements, self-employment, or payment of personal expenses by a business. - Military pay, allowances and allotments are now considered income. - Children's disability benefits and insurance reimbursements for property loss are no longer included as income. - Instead of automatically including or excluding overtime pay income from second jobs, the Court will now consider several factors, such as income history, the expectation that the income will continue to be available and the economic needs of the parties and the children. - The Court may attribute (assign) greater income than reported to a parent who works "under the table." - The income of non-parent guardians, such as a parent's significant other, may not be taken into consideration when calculating that parent's child support order. - Previously, the income of a custodial parent who earned up to $20,000 per year was not taken into consideration, and the guidelines were based on a combined income of up to $150,000 (or $100,000 per individual). Now, all of the gross income from both parents is considered, up to $250,000 combined income. - Both parents may deduct reasonable child care costs associated with employment, and the guidelines now apply to children up to age 18, as opposed to the 10% increase in support orders for children aged 13 and above that was previously in place. - The guidelines have been extended to cover up to five children. Previously, they had only applied to families with up to three children. - Any voluntary payments made by a parent to a child who is the subject of a prior order for child support may be deducted in whole or in part. The same applies for voluntary payments made to a former spouse who is the subject of a support order. - Previously, child support guidelines could only be reviewed and modified where a material change in circumstances had occurred. The new guidelines include a provision allowing for a review every three years regardless of circumstances. In addition, a review of the prior support order may take place when either of the following occur: o Health insurance previously available at reasonable cost is no longer available or no longer available at reasonable cost; o Health insurance not previously available at a reasonable cost has become available. - In order to not hold one or both parents automatically responsible for "Other Child-Related Expenses" the guidelines will take into consideration expenses such as "extra-curricular activities, private school, post-secondary education or summer camps." Although many of these changes appear to be straightforward or minimal, they may have a significant effect on your current or future Child Support Obligation. For more information on how the revised Guidelines will apply to you personally, contact me or any of our Attorneys to set up a complimentary, no-obligation consultation. Be sure to also review our simple and convenient worksheets to learn more about obtaining optimal results in your domestic relations matter. ]]> tag:www.bostonchildcustodyattorney.com,2008://16.2409 2008-06-12T20:30:27Z 2008-06-12T20:45:01Z

Our clients don't want custody, they need it. We are hired by people who demand the best. Custody comes in many variations. As divorce practitioners, we have handled several custody cases. The following custody arrangements might be right for you:...

Irwin M. Pollack, Esq. http://www.BostonChildCustodyAttorney.com custody, they need it. We are hired by people who demand the best. Custody comes in many variations. As divorce practitioners, we have handled several custody cases. The following custody arrangements might be right for you: Sole Custody: Sole custody is when one parent has custody, subject only to the other parent's visitation rights. The custodial parent receives support from the non-custodial parent. The parent who has custody is exclusively in charge of the health, education and welfare of the child or children and does not have to consult with the other parent about any of these issues. Sole custody is appropriate if parties do not work well together. For some, custody is a win or lose proposition. This drives me nuts; after all, I'm a firm believer that children need both parents. However, there are those cases when a party truly believes that they are better for the child or that the child is in danger while in the care of the other party. Our attorneys can aggressively prosecute and defend custody matters because we have the experience needed to do so. Joint Legal Custody - Primary Physical to One Parent: Here, the residential custodial parent is the person with whom the child resides most often. The court in this case is not granting joint legal custody to parties who cannot agree, between themselves, and act in the best interest of the children but the court is saying that, because of the age or other reasons related to the child, one parent is more active than the other relating to the child's physical presence. Shared Parenting: This arrangement is appropriate in situations where people who work extremely well together, live in close proximity to the other and may have unique schedules that rely on cooperation from the other parent. In this arrangement, the parents share - to some degree - the time. Based on the specific agreement, each also has joint decision-making powers. Both have appropriate homes for the child or children. We often relay the shared parenting arrangement to clients as similar to that of a business partnership. Each parent has rights and responsibilities that are laid-out, in writing, just like partners would in a business venture. No matter which arrangement works best for you, it's likely that you'll have a Parenting Plan that outlines rights and responsibilities. It's important to include the best phrases when you draft your agreement. ]]> tag:www.bostonchildcustodyattorney.com,2008://16.1940 2008-06-12T20:20:00Z 2008-06-12T20:27:06Z

Finalizing a divorce involves many decisions, including "Who gets the house?" There are generally two options regarding the house. First, it can be sold and the proceeds divided, or the other alternative is that one party can "buy out" the...

Irwin M. Pollack, Esq. http://www.BostonChildCustodyAttorney.com house?" There are generally two options regarding the house. First, it can be sold and the proceeds divided, or the other alternative is that one party can "buy out" the other. In either case, one or both parties should order an appraisal of the residence. Divorce appraisals require a well supported, professional appraisal that is defensible in court. When you order an appraisal from an appraiser, you want a reasonable assessment as to the value of your home for purposes of making an equitable distribution of the marital estate. Lawyers and Judges rely on these assessment values when calculating real property values for estates, divorces, or other disputes requiring a value being placed on real property. What's important to note is how, oftentimes, the divorce date differs from the date you order the appraisal. Most appraisers are familiar with the procedures and requirements necessary to perform a retroactive appraisal with an effective date and Fair Market Value estimate matching the date of divorce. When you're interested in knowing the true value of your home in order to receive an equitable division of the marital estate, contact us. ]]> tag:www.bostonchildcustodyattorney.com,2008://16.1941 2008-03-14T18:37:52Z 2008-06-12T20:27:06Z

Thousands of divorce litigants have been tricked into agreeing to alimony that is contingent upon three clauses most commonly used to terminate a payor spouse's obligation to pay. Those three contingencies are normally that alimony terminates in the event of...

Irwin M. Pollack, Esq. http://www.BostonChildCustodyAttorney.com alimony that is contingent upon three clauses most commonly used to terminate a payor spouse's obligation to pay. Those three contingencies are normally that alimony terminates in the event of death, event of remarriage or in the event of cohabitation with a non-related romantic interest. Courts have developed other contingencies to terminate alimony, but these three are the most common. Contingency number one, your death, is the one contingency not worth fighting over. You can't take alimony with you and God doesn't take cash! Nothing is written in stone, and you do not have to agree to these contingencies. When you agree to a property settlement including alimony, the court will usually accept that agreement and make it part of the divorce, so long as it contains some degree of fairness. Smart spouses insist on all three of these contingencies, but savvy opponents will agree to none. At best, be prepared to compromise. Think about this: after your divorce is settled, you may want new companionship. Moreover, you need to guard yourself from the tax man by getting the advice of skilled professionals when you decide to choose alimony or property division. Placing contingencies on your ability to receive your fair division of the marital estate creates benefits to one spouse that may prove disastrous to you later on. The bottom-line is this: When seeking alimony in a property settlement agreement, contractually agree with your spouse to minimize the contingent events that may terminate your right to alimony. ]]>