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Showing posts from July, 2012

When does Alimony End?

Until 2011, there was no formula enacted or endorsed by the Massachusetts Legislature or the Courts for the calculation of duration of alimony. However, on September 26, 2011, Governor Deval Patrick signed into law The Alimony Reform Act of 2011 , which became effective on March 1, 2012. The act provides for multiple types of alimony, and for maximum amounts and duration of alimony. The new law also limits the duration of General Term Alimony : General Term Alimony Ends Upon: Remarriage of the recipient; Death of the recipient; Death of the payor (though the court may order life insurance or reasonable security for payment of sums due to the recipient in the event of the payor's death during the alimony term); Except when the court finds that deviation is warranted, upon the expiration of the duration formula calculated below; Upon the cohabitation of the recipient spouse with another person for a continuous period of at least three months (may also result in suspensio

What is Full Retirement Age? - New Online Calculator.

Pursuant to the Alimony Reform Act of 2011 , there is a presumption that general term alimony ends upon the payor attaining Full Retirement Age, when he or she is eligible for the old-age retirement benefit under the United States Old-Age, Disability, and Survivors Insurance Act, 42 U.S.C. 416. The presumption can be rebutted but it requires clear and convincing evidence. The Social Security Full Retirement Age may be different than your actual retirement date. Kelsey & Trask, P.C. has created an online calculator to help you determine your Full Retirement Age and retirement date by simply entering your birth date. Click here to try the Calculator. The Calculator is based on the information available below which is taken directly from the Social Security website: If you were born in 1944 or earlier, you are already eligible for your full Social Security benefit. If you were born from 1943 to 1960, the age at which full retirement benefits are payable increases gr

Is Visitation an Outdated term?

I once overheard an older relative ask one of my cousins if her husband was babysitting their children.  Since my cousin didn't have the children with her, the older relative was simply asking if the children were with their father.  But my cousin heard it differently.  She answered that he was their father and didn't "babysit", he "parented" their children. For those who grew up at at time when Ward Cleaver was the typical father figure, only entering the picture to discipline the children or throw a ball with them, if a father is taking care of the children while mom is out that is unusual.  But the newest generation of parents grew up with the hands-on parenting of Dr. Huxtable and Danny Tanner .  To what extent TV is just reflecting the change in societal norms or affecting them is beyond the scope of this post.  But clearly there has been a shift regarding how involved the average father is in the everyday parenting responsibilities. If the notion

Besides an Attorney, what professionals might be involved in my Divorce case?

In a litigated divorce , you will often have the need to involve experts to clarify certain issues, and in some instances to testify.  These can include appraisers, brokers, financial valuation or vocational experts, mental health practitioners, GAL s, and parent coordinators .  Whether or not a professional is needed to assist will depend on the issues in your case.  For example, if the parties can agree on the value of real estate than an appraiser would not be needed, but if they can't then a real estate appraiser will be needed to evaluate the value of the asset and potentially testify if the other party disagrees. The Collaborative Divorce process  typically includes a team approach to divorce which utilizes specialized professionals to assist the attorneys.  There are many instances where another professional can assist in moving a case forward and reduce the cost spent on attorney's time.  Here are just some of the types of other professionals that might be involved:

What can we learn from Katie Holmes divorce filing against Tom Cruise?

If you live in a cave, then maybe you haven't heard that TomKat is no more.   As reported by TMZ , Katie Holmes has filed for divorce from Tom Cruise and according to the pleadings she is seeking sole legal and physical custody of their daughter Suri. What I find interesting is not the fact that another celebrity couple has called it quits.  Celebrities getting divorced is hardly even surprising news anymore.  Okay, it is a little interesting that this would be Tom's third divorce and, according to the Huffington Post , all three occurred when his wives turned 33. But what I find most interesting is how the media has been reporting the divorce filings and what it says about how we perceive custody battles. Specifically the Huffington Post had the following headline on an article about the divorce filings: Suri Cruise Custody: Katie Holmes Reportedly Seeks Full Custody In Divorce From Tom Cruise When I first read this I immediately cringed, because I am so often telling c