Skip to main content

Probate & Family Court Amends Procedures for Post-Hearing Motions

Image
By
Standing Order 2-99 of the Massachusetts Probate and Family Court governs the proper procedures for submitting post-hearing Motions to the Probate and Family Court.  Per the Court's recent Press Release, amendments to this Standing Order, which took effect on July 2, 2012, clarify what types of motions may be submitted in these situations.

It had become common under the old version of the order for parties to file a Motion for Reconsideration or a Motion for Clarification after receiving an unfavorable Judgment or Order after a hearing in the Probate and Family Court.  The old rule made specific reference to these types of Motions.    However, there is no specific Massachusetts Domestic Relations Procedure Rule that allows for Motions for Reconsideration or Motions for Clarification specifically.  Under Massachusetts Domestics Relations Procedure Rule 60 a Motion for Relief from Judgment and Order may be brought, but only for very specific reasons.

The amendments to the Standing Order delete references to Motions for Reconsideration or Clarification and clarify that no new rights for relief are created by the Standing Order.  The Standing Order is only intended to set out the procedures by which relief pursuant to the Domestic Relations Procedure Rules may be sought.

View the changes to the Standing Order 2-99 highlighted here.

Labels:

Comments

  1. AnonymousAugust 9, 2013 at 5:42 PM

    This is very interesting! Does this mean individuals cannot file motions for clarification of a divorce judgment in Massachusetts anymore?

    ReplyDelete
    Replies
    1. AnonymousAugust 12, 2013 at 1:18 PM

      Under. Mass.R.Dom.P. 59(e) there is still the ability to file a motion to alter or amend the judgment. Any request for clarification can probably fit under this rule, but there is no rule that specifically allows for a "Motion for Clarification" and the revised standing order makes it clear that it doesn't add any rights to the underlying rules.

      Delete

Post a Comment

Popular posts from this blog

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

By
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."...
1 comment
Read more

Massachusetts Family Court Financial Statement - Instructions & Best Practices

By
During a divorce, or other case in the Massachusetts Probate & Family Court that involves your finances, such as a child support case, you will likely be required to file a court form Financial Statement.  In Massachusetts there are two versions of this form: a "short form" if your income is under $75,000 and a "long form" if your income is $75,000 or more.  Many people find these forms confusing and we've compiled a list of helpful information for filling them out. First , to access the forms, the court has provided pdf or online versions here: Massachusetts Rule 401 Short Form Financial Statement (pdf) Massachusetts Rule 401 Long Form Financial Statement (pdf) There are also some basic instructions provided by the court explaining the sections of the forms and providing access to a Schedule A (for self-employed people) and Schedule B (for rental income): Massachusetts Rule 401 Short Form Financial Statement Basic Instructions Massachusetts Rule 401 Long F...
Post a Comment
Read more

Can you Deviate from the Massachusetts Child Support Guidelines?

By
When completing the Massachusetts Child Support Guidelines Worksheet , many people are surprised by the resulting amount.  The court treats the worksheet amount as presumptive, which means that the amount in the worksheet is likely to be ordered by the court unless there is a good reason to deviate.  A common question in mediation between parents (both married and unmarried) is: If we agree to a different child support amount than the worksheet (or no child support at all), can we opt out or agree to a different child support than the guidelines suggests? The short answer is: sometimes.   In order to receive a Judgment from the court (whether in a divorce or an action between unmarried parents), the court requires the filing of the Child Support Guidelines worksheet.  However, there is a list of deviation factors in the Guidelines that the court can consider for ordering a number different than the worksheet.   When people are proposing a deviation tha...
Post a Comment
Read more