Petition to Partition For Unmarried Couples – When One Does Not Want To Sell The Home
Under Massachusetts law, no one can be forced to own property against their will. It’s not uncommon for unmarried couples to purchase a home together. However, when couples decide to break up and only one party wants to sell the property, legal actions can be taken.
When one party refuses to sell, the party wanting to opt-out of ownership can file a Petition to Partition. This action begins the legal proceeding to force the sale of a property owned by co-tenants with a present, undivided legal interest (unmarried couples).
The division of a single-family residence is impractical therefore, the court will order the sale of the property. The property can be sold through a public auction, a private sale via a market listing, or a buy-out by the other owner. A court-appointed commissioner will oversee the sale of the property.
No matter which method of selling the property is used, … Read More »
Dividing Qualified Retirement Plans in the Aftermath of Divorce
Splitting assets during a divorce can be an arduous task. To complicate things, the division of certain retirement savings accounts requires an extra step.
DRO vs. QDRO Divorce proceedings often conclude with a domestic relations order (DRO) to lay out the division of retirement assets. However, assets from a qualified retirement plan, such as a 401(k), are covered by the Employee Retirement Income Security Act of 1974 (ERISA). These types of retirement plans have stricter rules when it comes to benefit distribution and therefore require an approved DRO is known as a Qualified Domestic Relations Order (QDRO).
Federal law stipulates that a QDRO is required for qualified plans like defined benefit plans, ESOPs, 401(k) plans, and profit-sharing plans. According to ERISA and Internal Revenue Code, most qualified retirement plans won’t pay any benefits to an ex-spouse without a QDRO because plan participants can’t legally assign their stake in the plan … Read More »
Can my 14-year-old decide to live with my ex?
As a divorcing parent battling over custody, there is always the fear that your child will decide they would rather live with the other parent. Even once custody has been determined, parents worry as children get older, they will want to move in with the other parent.
Rest assured that minor children can’t make legal decisions, such as where they want to live. It is a common misconception that once a child reaches a certain age, they can decide which parent to live with. In truth, those responsible for determining custody are the parents or a judge if the parents can’t agree. Any child under the age of 18 does not have the final say in where they will live.
While a judge may consider an older child’s wishes, a child’s opinion is only one factor. Ultimately a judge will be guided by what is in the best interest of … Read More »
Tracking Child Support Payments
Under Massachusetts law, both parents have a duty to support their child. Typically, following a separation or divorce, only one parent is considered the custodial parent. This is the parent who lives with and has primary care of the child.
The support provided by the custodial parent is offered in the time and care given to the child. When families no longer live under one roof, sharing duties equally can be difficult. This is why one parent generally performs more of the task related roles, such as taking the child to school and providing meals, while the other offers support financially.
Some families try to avoid the court and legal battles by setting their own agreed-upon child support arrangements. In some cases, this even works—until it doesn’t. Without a formal court order to substantiate an agreement, a parent receiving money can allege the other isn’t holding up their end of … Read More »
What to do when your ex refuses to comply with your parenting schedule?
Once you’ve completed the process of going through a divorce, settling on child support, and agreeing to a parenting schedule, you’d think you can finally move forward and start your new life. Unfortunately, this isn’t always the case.
When you’re facing the frustrating reality that your ex simply won’t comply with your legally binding agreements, whether that be alimony payments or a parenting schedule, you have options. Massachusetts residents can file a complaint for contempt to address non-compliance with temporary orders and final judgments.
Understanding the ins and out of contempt proceedings is an essential part of litigation in the Probate and Family Court, which is why working with an attorney is vital. Anyone found violating a court order, such as failing to pay child support, denying visitation, etc., may be considered to be in contempt of court.
The court can enforce a defendant to comply with the order(s) in … Read More »
When to Modify Your Divorce Agreement
How long has it been since you terminated your marriage? Have your circumstances changed since then? While your divorce may last forever, your divorce agreement can change over time.
There are many reasons to consider modifying your divorce agreement. Some examples include:
a significant change in income that will impact child support or alimony payments a job change requiring a move needs of aging children the remarriage of the party awarded the alimony
Child Support Modifications
With regard to child support, you can request to modify your original order. Regardless of changing circumstances, under the child support guidelines, you are entitled to review your child support agreement every three years. Modifications to increase or decrease payments can be requested. Factors such as education, training, health, past employment history, and employment availability will be considered by the Massachusetts courts when determining modifications. Hardships and loss of employment will also be considered.
Understanding Child Support in Massachusetts
Divorce cases involving children often require a court decision regarding which parent should have physical and/or legal responsibility. Whether granted joint or sole custody, physical custody designates where the child will actually live. The parent who the child resides with most of the time is considered the custodial parent.
The non-custodial parent may be required to provide for a child or children in the form of child support, which is paid to the custodial parent. Strict guidelines are used by the court to determine the amount of child support to be paid.
How Child Support is Determined Both parents’ income and expenses are used to establish how child support is determined and paid. Child Support Guidelines are applied to all child support orders and judgments to be used by the justices of the Trial Court.
Many considerations were taken into account when establishing Child Support Guidelines, including parental financial responsibility, … Read More »
Massachusetts Grandparents, Know Your Rights Regarding Visitation and Custody of Your Grandchildren
When it comes to grandparents’ rights, Massachusetts laws can be tricky to navigate. However, grandparents do have financial, visitation, and custody rights under certain circumstances. To utilize such rights, legal assistance might be necessary to help you take action.
Grandparents today are frequently faced with decisions about what is best for their grandchildren under challenging situations. Whether seeking visitation or custody, grandparents can take legal recourse when it is in the best interest of the child/children.
Visitation Rights Grandparents who are denied visitation with their grandchildren have a legal right to petition the court. However, grandparents are required to prove that such visitation is in the child/children’s best interests.
Under Massachusetts law, grandparents have the right to petition the court for visitation if the parents are divorced, living apart with a court-ordered separation, or are deceased. Additionally, if the parents never married, are living apart, and there is a court … Read More »
If my ex purchased our marital home before we were married, can I request the house as part of my divorce settlement?
In an ideal situation, you’d work with your ex to divide up assets fairly. Unfortunately, that isn’t always possible. Many couples hire attorneys to negotiate divorce terms on their behalf. Some couples even go to court and ask a judge to divide the marital estate.
So the simple answer is yes, you can request the marital home as part of your divorce settlement. A property owned by one spouse alone can become marital property if both spouses pay the mortgage or other expenses, or contribute to significant improvements.
However, divorcing couples may request specific assets during the division of property, but that doesn’t mean their request will be awarded. Massachusetts law requires the division of property in a divorce to be equitable. This means property division must be fair, though not necessarily equal.
Massachusetts law allows a judge to divide all property regardless of when it was acquired or which … Read More »
Modifying Child Custody Agreements: For Safety’s Sake
Final Judgement, Not Final Word
In awarding custody, the goal of a family court, above all, is the safety and wellbeing of the child or children involved. One of these factors is consistency, so courts will be hesitant to change what is called a “final” custody order. While it is possible for later modifications to be made, unless both parents agree to the changes, this is a protracted process.
One exception is when there is a real and imminent threat of harm to a child.
Defining Harm
In Massachusetts, child abuse is defined as a parent or other caretaker either causing physical harm to a child or putting the child in reasonable fear of being harmed. A collection of these incidents, called “a pattern of abuse” in the law can be grounds for modifying custody arrangements and other protective actions, such as mandating supervised visitation between the parent and the … Read More »
