Skip to main content

Family Court not fit for Fido

A recent article published in Massachusetts Lawyers Weekly discussed a case in Middlesex Probate & Family Court where an attorney in a divorce case asked the judge to order one spouse to pay "pet support" to the other spouse to care for the couples' two dogs. The judge immediately refused the request. The article noted that the judge had just heard a series of cases that involved foreclosed houses and parents losing their jobs.

This illustrates an issue that many divorcing couples face when going through the court process. Courts usually only have the time and resources to deal with the "big" issues -- alimony, child custody and support, and property division. That doesn't neatly fit for families that have a variety of other issues, such as pet support or visitation, property sharing, and care taking approaches unique to a child's specific and unique needs.

The best way to address these issues is to come to an agreement on the issue and include the resolution in a separation agreement which can then be presented to a judge. Many couples choose to do this by hiring their own attorneys to work out a negotiation with the other spouse's attorney. An increasing number of couples are also choosing to hire a mediator to meet with both spouses and discuss the questions and concerns that each individual has with the intention of facilitating an agreement.

Attorney Kelsey has been advocating on behalf of clients for years as a family law trial attorney, and is also a trained family law mediator in Massachusetts. Should you have any questions about individual representation or mediation, contact Attorney Justin L. Kelsey, or call 508.655.5980 to schedule a one hour initial consultation.

The Massachusetts Lawyers Weekly article referenced in this post can be found with a subscription at www.masslawyersweekly.com.

Special thanks to Christopher Boylan of Walter A. Costello, Jr. & Associates for his assistance in this post.

Comments

Post a Comment

Popular posts from this blog

What is the purpose of the Divorce Nisi waiting period?

In Massachusetts the statutory waiting period after a Judgment of Divorce and before the divorce becomes final (or absolute) is called the Nisi period. After a divorce case settles or goes to trial, a Judgment of Divorce Nisi will issue and it will become Absolute after a further ninety (90) days. This waiting period serves the purpose of allowing parties to change their mind before the divorce becomes final. If the Judgment of Divorce Nisi has issued but not become final yet, and you and your spouse decide you don't want to get divorced, then you can file a Motion to Dismiss and the Judgment will be undone. Although many of my clients who are getting divorced think the idea of getting back together with their ex sounds crazy, I have had cases where this happened. In addition to offering a grace period to change your mind, the Nisi period has three other legal effects: 1. The most obvious effect of the waiting period is that you cannot remarry during the Nisi period, be...

New Massachusetts Child Support Guidelines (2021): Big Changes, Little Changes, Typos & some Unexpected Results

UPDATE: The court has released a web calculating version of the 2021 MA Child Support Guidelines Worksheet .  It resolves some of the typos referred to below, but the unexpected calculations still apply. Every four years, per federal mandate, the Massachusetts Probate & Family Court revisits the Child Support Guidelines through the work of a Task Force appointed by the Chief Justice.  The 2021 Massachusetts Child Support Guidelines were recently posted.  They take effect on October 4, 2021.    If you are interested in a training on all of these changes to the new Child Support Guidelines: DMTA Presents the 2021 MA Child Support Guidelines Update  – Attend this event to learn the key updates you need to know for your mediation clients. Presented by Justin Kelsey of  Divorce Mediation Training Associates  and  Skylark Law & Mediation, PC . For a full comparison of all the  tracked changes between the 2018 and 2021 Massachusetts Ch...

2024 U.S. Presidential Party Platforms - What are the policy positions that could affect families?

While the laws that affect family formation, marriage and divorce are often made at the state level, there are also many policies and laws at the federal level that affect families and children.  Just some examples from recent years that have impacted families in my mediation practice include changes to the federal tax laws (such as  the elimination of the alimony tax deduction ) and U.S. Supreme Court rulings on same sex marriage and reproductive health rights.  In just over a month, the United States presidential election will have a significant impact on these federal policies going forward, and could choose the next appointments to the U.S. Supreme Court as well. In 2016 and 2020 we shared what each presidential platform said about families and policy regarding family formation and dissolution, and below we'll provide you an update on the 2024 presidential platforms.  As Maya Angelou said, "When someone shows you who they are, believe them the first time."...