The Alimony Reform Act defines income to include all income as defined by the Massachusetts Child Support Guidelines which clearly includes bonuses in the list of included income.   In Zaleski v. Zaleski , the SJC remanded the issue of alimony in part because the lower court did not include bonuses in the alimony calculation.  Bonus income, therefore, has to be addressed, but that does not mean it's easy to deal with. Bonuses often vary from year to year so basing a support amount on a specific number could result in an inequity to either the payor or recipient.  Making adjustments periodically presents its own problems as well, requiring a detailed agreement to ensure that the self-modifying calculations are simple enough to avoid future disagreement.  In addition, so-called self-modifying orders have been rejected by the SJC in Hassey v. Hassey , so this is only an option if parties are able to agree. While this is not a simple question, it doesn't mean you h...

Kelsey & Trask, P.C. was the first to have an iPhone App for calculating Child Support in Massachusetts  and we've recently updated it with a new look .  In addition we are now introducing two new iPhone applications: The Massachusetts Alimony App : Use this worksheet to calculate the maximum amount and duration of alimony in Massachusetts based on the Alimony Reform Act which took effect on March 1, 2012.  The App allows you to save your calculations or e-mail them.    Massachusetts Divorce Calculators App:  Includes the following 4 calculators necessary to determine family support in Massachusetts: Massachusetts Child Support Calculator, Massachusetts Alimony Calculator, Full Retirement Age Calculator, and Alimony Recapture Calculator. The Massachusetts Child Support Calculator is the same one contained in our Child Support App and the Massachusetts Alimony Calculator is the same one contained in our Mass Alimony App :    ...

On August 1, 2013, the new Massachusetts Child Support Guidelines took effect.  The new guidelines contain numerous language changes which affect the interplay of child support and other issues in a divorce or paternity case; touching on everything from shared parenting to college education costs. In addition, the child support formula and the worksheet for the 2013 guidelines is significantly different than then 2009 guidelines.  The court has issued a new worksheet which is required if you are filing any matter in the Probate & Family Court that involves support of children.  To assist you in completing this form  Kelsey & Trask. P.C. and Finn & Eaton, P.C.  have created the following user-friendly apps: Massachusetts Child Support Calculator for the iPhone by Kelsey & Trask, P.C. MA Child Support Calculator for Android by Finn & Eaton, P.C. Massachusetts Divorce Information for Windows Phone by Kelse...

Summer is finally here.  The air is humid, the sunblock is out, and it's finally time for vacations and school break.  But enjoying summer too much has its consequences.  Our  Summer Lovin'  series is about those consequences for Unmarried Parents in Massachusetts: Summer Lovin' Series #7: How much Child Support can DOR collect? Child Support is calculated using a formula called the Massachusetts Child Support Guidelines. The formula is presumptive, and Judges can only vary from the formula in specific circumstances. You should consult an attorney to discuss what facts in your case might warrant a variation from the formula. To view the formula and calculate your Child Support view our Massachusetts Child Support Guidelines Calculator. Kelsey & Trask, P.C. is now offering flat fee representation at DOR support hearings for a flat fee of $750 in most cases.  For teen parents under the age of 18, Kelsey & Trask, P.C. offers free represe...

Summer is finally here.  The air is humid, the sunblock is out, and it's finally time for vacations and school break.  But enjoying summer too much has its consequences.  Our  Summer Lovin'  series is about those consequences for Unmarried Parents in Massachusetts: Summer Lovin' Series #4: How do Unmarried Parents pay for their Child's Expenses? There are many expenses involved in raising a child, starting with the costs of pregnancy and continuing all the way through college.  When unmarried parents can't agree on how they will divide their child's expenses, then the court can make certain orders regarding support. The court can order parents to pay child support, extracurricular activities, health insurance, uninsured medical costs, birthing and pregnancy costs, and even education and college expenses. Child Support is typically paid by the non-custodial parent to the custodial parent for the support of the child. To obtain a court order fo...

The process for amending a family court order in Massachusetts begins with the filing of a Complaint for Modification .  If you are able to reach agreement on the amendment of a child support order, you can save time in court by filing an administrative action called a Joint Petition for Modification of Child Support.  Although this process may soon be available for other joint modifications, right now it is only allowed for child support, as we discussed in this previous post . If you are unable to reach an agreement, then the court will decide if an amendment to your support order is appropriate.  The typical standard for amending a court order is  whether or not there has been a "significant material change in circumstances."   Up until recently, we often advised clients that a good rule of thumb for determining significance is whether or not the change in circumstances would result in a 20% change in the child support order. However, a 2013 SJC decision ...

UPDATE: The Massachusetts Alimony Reform Act of 2011 was signed by the Governor on September 26, 2011. The new law, which becomes effective March 1, 2012, makes significant changes to alimony in Massachusetts. Read more about these changes here. The Massachusetts Alimony Reform Act of 2011 has been passed by both the House and the Senate and now awaits the Governor's signature. Once it is passed, which is almost assured at this point, there will be many questions about how it is implemented. The one I am receiving most often already is: How will alimony be calculated in cases with child support? The section of the Alimony Reform Act that addresses this question is Section 6(c): "For purposes of setting an alimony order, the court shall exclude from its income calculation: (1) Capital gain income and dividend and interest income which derives from assets equitably divided between the parties under Section 34; and (2) Gross income which the court has already cons...

In Massachusetts, the Massachusetts Child Support Guidelines are based upon the child(ren) having a primary residence with one parent and spending approximately one third of the time with the other parent. According to the Guidelines, when two parents share equally, or approximately equally, the financial responsibility and parenting time for the child(ren), the child support shall be determined by calculating the child support guidelines twice, first with one parent as the Recipient, and second with the other parent as the Recipient. The difference in the calculations shall be paid to the parent with the lower weekly support amount. To make this "cross-guidelines" calculation a little faster and easier, we have created a Joint Custody Child Support Worksheet (also available in a mobile version for use on smart phones).

UPDATE: There is pending legislation for major changes to the alimony statute in Massachusetts. The Alimony Reform Act of 2011 was filed on January 18, 2011 and you can learn more about the Act at MassAlimonyFormula.com or in our recent blog post highlighting the differences between the bill and the current law . Dealing with a case that includes the potential for both child support and alimony can be quite complicated. For purposes of this discussion, I will assume that the person receiving alimony is also the custodial parent (i.e. the person receiving child support). First let's get some definitions: Child Support is the amount of money paid by the non-custodial parent to the custodial parent for the support of the children. Child Support is calculated using a formula called the Massachusetts Child Support Guidelines. The formula is presumptive, and Judges can only vary from the formula in specific circumstances. To view the formula and calculate Child Support click here. A...

Check out the Kelsey & Trask MOBILE web site at http://mobile.kelseytrask.com . You can see the link on our main page in the upper left-hand corner: Our NEW on-the-go site is just the basics for when you need our address or phone number or want to use one of our handy calculators on a minute's notice, such as from the Courthouse when you don't have access to your computer. Need help filling out the Child Support Guidelines Worksheet at the courthouse, or just want to get a figure quickly? Check out the mobile K&T Child Support Guidelines Calculator . The mobile Stevenson-Kelsey Spousal Support Calculator and Chapter 7 Means Test Calcula tor are available as well for quick reference on your cellphone or PDA. And if you have an IPhone and want access to the Kelsey & Trask Calculators NOW - THER E'S AN APP FOR THAT , a web-app. Just type in mobile.kelseytrask.com into safari, your IPhone's web-browser; click the "+" sign and click "Add...

After a nearly month of planning, programing, coding, compiling, and complaining (not to mention more than a few late nights), the new and improved website for Kelsey & Trask, P.C. is up and running. Our attorneys, Justin L. Kelsey and Matthew P. Trask , are proud of our new website and feel it represents the true face and personality of our firm. We have purposefully posted a large amount of content at http://www.kelseytrask.com . We want our website to be a resource for you, not just a signpost or an advertisement for our firm. We encourage you to take a look around and learn more about us, the law, how we practice, and the ways we can help you or your business in these less-than-certain times. All of the content in our page regarding divorce , paternity , child support , bankruptcy and civil practice are presented in a simple, intuitive question-and-answer format. We have resources for both attorneys and the public, including calculators for the Massachusetts Child Suppo...