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Massachusetts Child Support Guidelines News

Every four years, per federal requirements, the Massachusetts Child Support Guidelines must be reviewed.  To that end, the Trial Court Chief Justice Paula M. Carey has announced the formation of the 2020-2021 Massachusetts Trial Court Child Support Guidelines Task Force . The Task Force is seeking public comment regarding the current Child Support Guidelines.  Written comments may be submitted to the Task Force at: childsupport@jud.state.ma.us by December 15, 2020. While we're awaiting the new guidelines, the court has finally updated their existing interactive worksheet to be more accessible .  The worksheet has been available as an interactive PDF since the last guidelines update in 2018.  However, the pdf doesn't work in all readers, and on mobile devices it may not be accessible.  The Court has now released a web-version of the Child Support Guidelines Worksheet which can be used in any browser or mobile device.  The pdf option is still available as well.  

Justice App - a Resource worth Downloading

Skylark's online Massachsuetts Child Support Calculator   was recently added as a resource on JusticeApp - a free downloadable resource from co-founders Damian Turco and Melina Munoz Turco.  This is the future of how clients will find reliable information, professionals and resources and we're pleased to be included. A Message from the Co-Founders: JusticeApp is a free mobile app designed to help people with legal problems manage their cases through the court system. The app doesn’t aim to create solutions for every legal problem.  Rather, it aggregates credible resources already created and maintain by government, legal aid organization, and, in some select instances, private attorneys, in a simple and clean interface. No more endless internet searches at two in the morning, wondering if the information you find is accurate and reliable.  Without leaving the app, JusticeApp guides you to resources on the law, courthouses, and the court’s official online docket. You can draft c

Collaborative in a time of COVID

by Beth Aarons When a former family law colleague of mine told me about Collaborative Law Process sometime around 2008, conceptually it sounded much like a series of traditional four-way meetings, but with a therapist present.  As a fledgling dispute resolution process, I saw no harm in adding this skill set to my professional tool kit to bolster the transition of my practice out of litigation and into dispute resolution. It was not until several years after I had taken the Introduction to Collaborative Law training that I experienced the actual magic of Collaborative Law Process.  The family had been slowly imploding for years and now everything was coming to a head.* Mom and Dad still occupied the same house but had stopped speaking to each other years earlier after Dad had an infidelity.  They had decided to divorce but not tell the kids until there was a plan to separate into two households.  Mom had lost her job and Dad’s salary was not enough to cover two sets of living expenses,

2020 U.S. Presidential Platforms - What do they say about Families?

In 2016 we shared what each presidential platform stated about families and given the upcoming election we want to update our post with the latest information.  There are significant differences between the presidential candidates, and their platforms explain some of the vehemence with which many defend or attack the 2020 candidates.  Since this blog focuses primarily on the impact of the law on families and family conflict, we will concentrate on only one portion of the presidential platforms: How does each 2020 U.S. Presidential Platform address families in America? While in 2016 we indicated that we did not endorse any candidate officially, and we provided the platforms in no particular order, in this election the author (Justin Kelsey) cannot, in good conscience make the same statement.  The republican nominee for president, Donald Trump, has failed to represent equality, freedom, and human rights for all individuals and families in America and he has expressed opinions about powe

Easier than Ever to be Collaboratively Trained!

UPDATE:  The first online training was so well received, MCLC is planning a second.  The next training will be held March 3-5 from 10AM - 4PM. Register here. The Massachusetts Collaborative Law Council's Introduction to Collaborative Law Training won't be stopped by COVID-19.  The training is September 23-25 from 8AM - 2PM via Zoom.  Flyer:  Collaborative Law is a dispute resolution process similar to mediation but with many differences. It is an opportunity to expand your out-of-court negotiation practice, to increase your negotiation skill-set, and to provide additional service options to your clients.  If you've heard about Collaborative Law but you're still not sure, learn more about Collaborative Law by watching this 4-part video series , or reach out to me directly to schedule a meeting to discuss . Register and Learn more here! More Info on the Training: Save time, money, and your commute in this virtual IACP approved basic training in collaborative law.  Lear

Are Mediators in Massachusetts Certified?

I get this question from lawyers a lot who are wondering if a particular training will "certify" them to be mediators. In fact, I just received an inquiry today related to the upcoming 40-hour online mediation training provided by Divorce Mediation Training Associates (more info below): Are Mediators in Massachusetts Certified? What Mediation Training results in a Certification? In Massachusetts there is no government certification or license provided by the Commonwealth certifying mediators. There are some court rules and statutory provisions, however, that require a 30 hour training for certain activities and I believe this is where the misconception about "certification" stems.  The court rules and statutes that require training are: Under the mediator confidentiality statute,  Massachusetts General Laws, Chapter 233, Section 23C , mediators who have taken at least 30 hours of training and meet other requirements, have confidentiality protections in the

A Template for Avoiding Court

"We must come to see with the distinguished jurist of yesterday that 'justice too long delayed is justice denied.' "  - from the Letter from Birmingham Jail by Martin Luther King, Jr. Seeking and obtaining the assistance of the courts in resolving disputes is a right afforded the residents of our republic, but it is not always administered justly and equally.  Many have been denied those rights over the years due to discrimination or economic limitations, and it is a privilege of access that many others have come to take for granted. The COVID-19 crisis has highlighted just how necessary court access is in emergencies, and also delayed significantly the access to courts for non-emergency matters.  Unfortunately, what constitutes an emergency is very limiting, and for many this means bearing the stress and trauma of ongoing litigation for much longer than even the normal lengthy process.  Now more than ever is the time to consider alternatives. The mos

In Mediation, Sometimes a Number Isn't a Number

In many settlement negotiations, the two sides narrow their disagreement to a small gap in their positions, a gap so small it pales in comparison to the total amount of money being discussed.  This happens often in divorce mediation, where clients threaten to blow up a multi-million dollar divorce settlement over the last $5,000 disagreement.  Why would anyone do that?  Why would either side let everything fall apart over an amount they'll obviously spend on attorneys if they continue fighting? The reason is that it is seldom about the money, and it is often about what the money represents.  Those last few dollars in a negotiation often represent winning or losing; they represent the potential for acknowledgment or just another rejection; they represent all the giving in that got us here thus far, and the loss that goes with it; and in a divorce those last few dollars potentially represent the true end of the relationship and the last chance to hang on. Our friend and fe

Replace your cancelled Court Hearing with a Mediation

If you have a court hearing scheduled in the next few weeks, most likely you've been told it's postponed.  While some hearings will be scheduled telephonically and by video conference, the COVID-19 pandemic is likely causing significant delays in obtaining a hearing and an order or judgment.  This is understandable as the court and the bar figure out how to adjust to this crisis.  Regardless of how understandable these delays are, though, the experience for individuals going through conflict must be frustrating, disappointing, and in some cases devastating. Now is the time to consider your alternatives to court. Mediation, conciliation, collaborative representation, and arbitration are all available options to those looking to resolve their issues without further delay.  Many of these dispute resolution professionals already have experience using videoconferencing to meet with clients and for us, our business has continued almost uninterrupted.  At my office, Skylark L

Co-Parenting in a Crisis: COVID-19 and Beyond

UPDATE:  Chief Justice John D. Casey sends an  Open letter regarding co-parenting during COVID-19: "It is times like this, when society faces threats once thought unimaginable, that the rule of law is more important than ever... Parenting orders are not stayed during this period of time. In fact, it is important that children spend time with both of their parents and that each parent have the opportunity to engage in family activities, where provided for by court order. In cases where a parent must self-quarantine or is otherwise restricted from having contact with others, both parents should cooperate to allow for parenting time by video conference or telephone." Additional resources have become available during this crisis, please scroll to the bottom of this post for more resources. Co-Parenting in a Crisis: COVID-19 and Beyond by  Jennifer Hawthorne Mediators and collaborative professionals work with parents to create a realistic and practical parenting plan

The Variations of Closeness: How would you draw your marriage over time?

Olivia De Recat created the amazingly simple but impactful image below.  There are multiple types of relationships depicted, and yet many more that could be added. There is beauty in both the simplicity and the depth of the drawing.  On my first viewing I thought of this quote from the movie Fight Club: "On a long enough timeline, the survival rate for everyone drops to zero."  The image reminds us that every relationship is finite, and that is both sad and powerful. Upon thinking about it more, I realized the drawing also shows how many ways our lives are touched by so many different types of relationships.  While we often try to process our relationships as good or bad, there is no judgment on the quality of a relationship based on its closeness over time.  There are just differences in how we experience our interactions with different people at different times in our lives. That also reminds me of how many different marriages there are.  As a divorce mediator I am ofte

Top 5 Reasons to get Trained in Mediation

Mediation is a process for resolving disputes with an impartial facilitator. The mediator helps open and improve dialogue between two or more individuals in hopes of finding an acceptable resolution for everyone involved.  There are many advantages to settling disputes through mediation, and we need more mediators in this world to help spread the word. Register for Mediation Training If you're thinking about taking a mediation training here are five reasons you should do it sooner rather than later: 1. Mediation is good for Clients Mediation helps clients because it is typically less expensive and more efficient than litigation, it gives the clients control over their timeline and the outcome, and it is private.  These are all things that clients typically value in resolving a dispute.  When educated about the benefits of mediation, most clients will be open to at least trying mediation before pursuing other options.  The risk is typically low and the potential benefit s

The Difference between Disclosure and Division in Divorce

We encourage our clients to use non-adversarial joint problem solving to resolve conflict.  A simpler way of saying that is that we work with people to talk about and solve their problems together.  We ask our clients to stop seeing the other person as an obstacle to overcome, and rather to see them as an ally in finding a solution that can work for everyone. Consider the advantages of this approach when it comes to a financial negotiation: Just like poker players hide their cards when they play a hand, people often assume the best approach to negotiation is to hold back information to achieve the best outcome for themselves.  This analogy ignores the fact that the rules of poker are designed around having incomplete information, and using clues to gain an edge.  The rules of negotiation are often different depending on the context.  For example, in a divorce case the court in Massachusetts requires certain financial information to be automatically disclosed, and other information

Divorce Options - an Update for 2020

In 2014, we didn't know yet who would be running for president in the 2016 election, the Guardians of the Galaxy  had just arrived, Pharrell Williams was " Happy ", and the Ebola virus outbreak was reaching epidemic proportions in West Africa. Also, in 2014 we posted a 3-part article on Starting the Divorce Process , and despite how much has changed since 2014, divorce is pretty much the same.  You have a choice when getting divorced; you decide how much professional help you want, how much control you want to have over the outcome, and how much time and energy you have to devote to your divorce. What is different in 2020 is the continued growth in popularity of divorce process options that focus on family over fighting.  More professionals are trained every year in collaborative law and mediation.  Conscious uncoupling has become a buzzword for a better divorce. More and more resources are showing up to help explain the options in divorce in more understandable

Can't we all just get along? The biggest misconception about Mediation and Collaborative Law

One of the more common comments I hear when I tell people that I'm a mediator is "It sounds great, but it wouldn't have worked for me."  When mediation has been shown to be about 85% successful in most studies, why do so many people assume it won't work for their conflict?  The answer is that many people believe that difficult conflicts can only be resolved through compromise; by at least one side giving up something and admitting at least a partial defeat.  When the stakes are high enough, people believe you can only reach agreement or resolution by beating the other side or giving in.  Sure, if you're getting along and you mostly agree then talking it out can work, but if not you may as well prepare for war.  And wars always have clear winners and losers, right? The power of mediation and collaborative law is how trained professionals help people find answers  when they're NOT getting along. In actual practice, mediators and collaborati