Recent Blog Posts in August 2009

Parenting Apart:  Sometimes Better Than Parenting Together

            In the past, many people were brought up believing that divorced parents created a “broken home”.  Today, with approximately half of all marriages ending in divorce, that stigma has become out-dated.  Unfortunately, even without that stigma, there are certainly many negative emotions of divorce.  After discussing divorce with the children, parents have an obligation to help the children  make the transition from a two-parent home to a family of two parents who live separately, yet co-parent effectively together.

            Many times, prior to beginning the divorce process, even parents with good intentions unknowingly expose their children to fighting (both verbal and physical), disparaging comments about the other parent and, often times, just an underlying feeling of unhappiness and discord in the home.  Parents often think that it is better to stay together “for the sake of the children”, than to divorce and live apart.  This is not always the case and is certainly not always in the best interest of the child.  With respect and maturity, two divorcing parties can (and very often do) work together to effectuate their divorce while coming up with a successful parenting plan which allows the children to enjoy their parents and receive the best that each parent has to offer. 

           Co-parenting is not always easy.  Finances, new spouses (or partners), relocation of one of the parties and asset division are issues which often cause controversy between divorcing parents.  It is of the utmost importance to remember that your children did not cause your divorce and they should feel love, acceptance and respect for both of their parents, at all times. 

            If you need help explaining divorce to your children or working together throughout your divorce to be the best parents you can be, contact our office   for a no-obligation consultation.  We recognize the needs of your children and will put them first. 

http://www.westernmassdivorce.com/Divorce_FAQ.aspx#1

How income is now defined may be one of the best revisions of the newest 2009 Massachusetts Child Support Guidelines.  Now, more guidance is provided as to how overtime and secondary jobs, unreported and non-taxed income, allowances and allotments, and military pay are to be dealt with.

As it relates to overtime or secondary jobs, the history of the income, the expectation that said income will continue to be available, the impact of the overtime on the parenting time, and whether or not the extra work is a requirement of the job are all factors which are to be analyzed.  No longer should this money be automatically included or excluded in setting child support orders.

Additionally, the Guidelines give a judge more leeway in attributing income where a finding as been made that either party is capable of working and is unemployed or underemployed. The court may consider all relevant factors including without limitation the education, training, health and past employment history of the party, and the age, number, needs and care of the children covered by any support order.

There is a rebuttable presumption that these “guidelines” apply in all cases establishing or modifying a child support order, however there are times when it may be appropriate to deviate from the Guidelines, thus overcoming the presumptive application of the Guidelines by proving – or defending against – issues relating to a child having special needs or aptitudes, extraordinary medical expenses, extraordinary travel or child-related expenses, etc.

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