Legal custody is the legal authority to make major decisions concerning the child(ren), including but not limited to education, health, religious upbringing and the child(ren)'s general welfare. Physical custody refers to where the child primarily lives. These custody arrangements can be sole or shared.

Yes, child related issues, such as custody arrangements, child support and/or parenting plan is subject to modification where there has been a "material change in circumstances". The party seeking any changes to the existing Divorce Judgment must file a Complaint for Modification.

Both parents have a responsibility to support their children. Massachusetts has guidelines for determining the amount of support that should be provided for the child(ren). The guidelines are based on a percentage of the non-custodial parent's gross income. This percentage is based on the number and age of the child(ren). The child support base order then takes into consideration the custodial parent's income. The child support order is also adjusted for the cost of health insurance and cost of day care, if any. 

No, it is neither taxable to the receiving parent (custodial parent) nor deductible to the paying parent (non-custodial parent).

"Alimony" is money paid by one spouse to the other and is sometimes referred to as "spousal support." Alimony may be awarded to either spouse for their support and is based on two factors: (1) the need of one of the spouses to receive spousal support; and (2) the ability of the other to pay it. In addition to these factors, the court also considers the same factors listed below in dividing the martial assets.

Yes, it is taxable to the receiving spouse and deductible to the payor's spouse.

The following factors are taken into consideration by the Court in dividing the marital assets:

1. Length of Marriage;
2. Conduct of the Parties during Marriage;
3. Age of the Parties;
4. Health of the Parties;
5. Station of the Parties;
6. Occupation of the Parties;
7. Amount of Income of the Parties;
8. Sources of Income of the Parties;
9. Vocational Skills of the Parties;
10. Employability of the Parties;
11. Estate of the Parties;
12. Liabilities of the Parties;
13. Needs of the Parties;
14. Opportunity of the Parties to acquire Future Capital Assets and Income;
15. Contribution of the Parties in the Acquisition, Preservation and Appreciation in Value of their Estate;
16. Contribution of the Parties as a Homemaker to the Family Unit; and
17. Present and future needs of the dependant Children.

No, an attorney cannot represent both parties in a divorce proceeding because of the conflict of interest between the divorcing couple. If you and your spouse maintain a cordial relationship and have or want to reach an agreement on all aspects of your divorce, you may want to consider Divorce Mediation and our office offers this service. A consultation is the first step necessary to determine what process of divorce would be best for you and your spouse. He offerer a half hour consult free of charge.