Every state has its own alimony rules. In Massachusetts, alimony is based upon the ‘need’ of the payee (the receiver) and the ‘ability to pay’ of the payor. In March 1, 2012, a new alimony law went into effect. Here’s the basics of the new law:

  • The longer the duration of the marriage, the longer the length of alimony payments
  • The amount of alimony (generally) is no more than 30 – 35% of the difference in incomes between both parties.
  • Alimony now terminates. It usually will occur upon retirement of payor

Child Support in the state of Massachusetts is paid from one parent to the other. It can be paid even if the parents co-parent and share time with their children.  Child Support in Massachusetts is paid according to a particular formula that considers the 1) the income of each parent, 2) the cost of health insurance and 3) the cost of child care. There also other factors.

A custody ‘battle’ is usually very expensive. It is rare that anybody actually ‘wins’. Often, the biggest ‘losers’ are the children .

In Massachusetts ‘legal custody’ is most often joint. That means that both parents have rights in the decision making for the child or their children. For example: camp and college can be decided by both parents. This is so,  if if the children live primarily with one of the parents. Be aware that custody battle usually involve appointment by a judge of a GAL (Guardian ad Litem). They are assigned to investigate and then report back to the Court.  The investigative process can be a big intrusions on your lives, including interviews of parents, children, teachers, and doctors. It can be costly and lengthy.

Joint debt is often examined. Was the credit used for household improvements? Did both parties benefit? Some debt may be assigned to one or both parties depending on the purchase.

We were barely getting by with 2 incomes I can’t afford to have just one with child support. we are upside down in our mortgage and had to refinance before to help get our bills under control. Okay – so that’s a scenario – but can they stay in the house or will the have to give it up.

Child support may be used as gross income, so if a party customarily worked 2 jobs = child support may be calculated on 2 jobs = one could argue overtime and extra job should not be considered however. child support looks at the available gross income which we all know is not what we see in our paychecks after taxes etc.

I’m both a homemaker and joint business partner for my husband. Do I share in the business proceeds?

Yes! Sometimes the wife will do much of the admin and behind the scenes business work from home while attending to the children. Attorneys can tie together the joint venture and your contribution.

How quickly will our divorce be finalized? ( 2 months? – no, 6 – 14 months) (explain)Even an uncontested divorce may take some time to finalize the separation agreement and get the court to schedule it. Scheduling issues depend on the Judge’s availability, staffing shortages, and complexities of a case. A divorce is a process taking into account the most pressing and important issues first such as health insurance coverage, child support, custody etc…. the parties are often guided by a well drafted temporary orders. Generally the court assigns a 14 month track for divorces, some are resolved quicker some take extra time if litigation is involved or children’s issues need to be resolved and parental cooperation is lacking.

The police called me up and asked me to come in to talk. Do I have to go?

Sometimes the things that you say may incriminate you because of your lack of knowledge of the law. Something that you consider no big deal can ultimately be considered a crime by the police or law enforcement. Also remember the police have heard only one side of the story and you generally were not privy to that information but are now being asked questions to respond to that you don’t even have a foundation on. Be careful what you say, those warnings given are for very good reason and should be taken very seriously. You can be arrested on the spot if there is a warrant, the police believe you have or are commiting a crime.

Can I (or should I) represent myself? It was just a squabble.

Even a lawyer with the best skills would not represent myself because of the emotional entanglement. I would not recommend people represent themselves because often these emotional issues involved. Fact is, if its you who is involved in a legal case that may change your life – you are not able to think rationally and objectively.

In addition, often times court room practice, rules, and issuing orders by the judge may be completely overlooked if you do not understand the ramifications of them. A warning of bail revocation is extremely important and is often overlooked by pro se litigants. If a person is charged with another crime while the current matter is pending, the personal recognizance can be revoked and they could be incarcerated for 60 days. This is extremely important, because the law does not say you must be convicted to serve the 60 days.

And there a many other reasons not to represent yourself.

 

You may be thinking, “Can’t I call up my wife or the other person who is pressing charges and apologize and ask them to drop it?” or, ” I am charged with a crime but not yet convicted. What should I do?”

Your job may be on the line especially if the crime has a collateral consequence of loss of license (which is necessary for your job). Depending on the classification of your job, the amount of time off needed for court appearances and the crime that you are charged with, you may need to plan for how an employer will react and re-read policies and proceedures regarding your position. Once a party involves  the police they are no longer the leader in prosecuting the charge. The state takes over prosecution and ordinarily does not simply like to dismiss charges based on someone’s word. The state is often concerned that the victim may be threatened or forced to change their mind. Many cases go on for a great deal of time. Also if there is independant evidence outside the other’s party to prosecute, the other party will have no claim to force the Commonwealth to dismiss.

 

Once paperwork has been filed, judges and courts are reluctant to dismiss a case before hearing all he facts. In fact, it is similar to trying to stop a moving train. The inertia is toward moving a case forward and getting a conviction. Unless there is some reason for nondisclosure, privilege that applies or other reason, the state will prosecute active cases. Also the state does not want to dismiss a case and later find a subsequent action of the same nature. Courts, police, and district attorneys like to eere on the side of caution when dismissing.

My child was involved in a school fight – and the school suspended him. The police sent us a summons. Should we talk with them, have my son admit his guilt and apologize? Remember — anything you say can be used against you and it will follow your son for decades to come. Here’s what to do: 1) Speak to an attorney first! A simple school fight is no longer just boys will be boys. Now schools are mandated to take remedial action and the police often times become involved. Witnesses at school are often involved, multiple pieces of evidence may be assessed against your child and you may not be aware. The days of informal handling of cases is long gone.

Schools are under a duty to protect their student body and must also eere on the side of caution. Recent school tragedies have forced a knee jerk reaction among schools, police, and prosecutors. Apologies may be admissions that may be later used against you. You should speak with an attorney first. The child should be informed of their 5th amendment rights. (The 5th Amendment applies here and the child has the right to remain silent)

My child was involved in a school fight – and the school suspended him. The police sent us a summons. Should we talk with them, have my son admit his guilt and apologize? Remember — anything you say can be used against you and it will follow your son for decades to come. Here’s what to do: 1) Speak to an attorney first! A simple school fight is no longer just boys will be boys. Now schools are mandated to take remedial action and the police often times become involved. Witnesses at school are often involved, multiple pieces of evidence may be assessed against your child and you may not be aware. The days of informal handling of cases is long gone.

Schools are under a duty to protect their student body and must also eere on the side of caution. Recent school tragedies have forced a knee jerk reaction among schools, police, and prosecutors. Apologies may be admissions that may be later used against you. You should speak with an attorney first. The child should be informed of their 5th amendment rights. (The 5th Amendment applies here and the child has the right to remain silent)

There are many exceptions under the warrant requirement and they include:

  • Public safety issues (such as the Boston Marathon Bombers endangering a community with a weapon of mass destruction)
  • Concerns about the destruction of evidence
  • Commissions of a crime (.i.e. a person ran into a house in the act of committing a crime)

Even a misunderstanding can have criminal implications and you should be aware you may incriminate yourself. Anything that you say can and will be used against you. It is preferable to speak to an attorney before speaking with the police.

Many offenses come down to one word against the other. Many time you have to look at all the elements and my have to approach this another way.

In the American system of justice, you don’t have to prove that you are innocent. The state has to prove that you are guilty beyond a reasonable doubt.

Quintal Law works with you to poke little holes in a criminal case, and burst the prosecutor’s “bubble”. If it rises to a level of “beyond a reasonable doubt”, then the prosecutor will lose the case.

Even if you may not have pled guilty, the answer is YES – your prior offenses can be used against you. If, in the past, you pled guilty continuance without a finding (CWOF), or your probation was surrendered, the answer is also YES. Anytime you are arrested, the criminal record department makes an entry into the database. It is available for viewing by judges and other law enforcement individuals.

If the inheritance is received during the course of the marriage, it may be subject to division under MGL ch. 208 section 34.

Yes Your spouse can delay for a time but ultimately the court will continue to track your case forward to a divorce.

Schools have an obligation and duty to protect students. It is within their rights to notify the police before notifying you. Many actions are listed in student handbooks and spell out the rules.

This may depend  on the level of security clearance for the internship.  In order to answer, an attorney would need to review the case, possible penalties, and terms and conditions of the internship.

Generally no. However each case is different. The purpse of the juvenile system is to rehabilitate not punish. There are a number of options that we can explore.

This can be complicated.

You may need to ask for clarity on 3rd party contact.
For example, the restraining order may need to modify the “stay away yards” or other conditions. If a student is attending a school, and the restraining order specifies that he must “stay away” from another student by 200 yards, that may be impossible to accomplish. Just by circumstance, they may walk by each other in a hallway.

Other areas of a restraining order concern include “contact”. For example, sending a birthday card or having a family member contact a victim that has filed for a restraining order can be construed as a violation and may result in jail time.

 

  1. Read the school handbook
  2. Talk to your child
  3. Document with child and school previous problems with bullying, threats, etc.
  4. Document with police, if appropriate, immediate threats
  5. Look into options to keep child safe — for example criminal harassement orders, no trespass, or restraining orders
  6. Get to know the school faculty, programs, etc
  7. Stay involved even after problems arise
  8. Help your child with school assignments. Seek professional counseling or educational advocates.