Alimony cases come with their complications, and the Alimony Reform Act raised may questions for people who already had alimony orders prior to 2012. As with any other element of domestic law, it truly runs on a case by case basis. To give you an idea, we will dive into two alimony cases that resulted in significant decisions for the parties involved. But before you head in full force, why don’t we take a moment to go over The Alimony Reform Act of 2011; it’s important to the story trust me. Though the act did not alter the definition of alimony, it did make adjustments to specific aspects such as the durational limits. In the act, it was decided that if a marriage lasted less than 20 years, there may be an option to terminate payments at a certain point. Now, let’s give some background on the couples shall we? Our first case, featuring Joanne M. Popp and Robert L. Popp , centers around a change in alimony payment due to cut wages. A huge factor in this case is the duration of th...

Guest Post from Julie Tolek * Divorces are difficult, over all, but add to them the stress of trying to understand tax law, and the road ahead looks even darker. One bright spot in the tax laws (pre 2018) was that a tax benefit existed in cases involving alimony. Under the IRS tax rules before 2018, alimony was tax deductible the payor, while being taxable to the recipient. But this has changed under the Tax Cuts & Jobs Act of 2017 . Alimony and Taxes The issue of alimony is more common in divorces where there is a significant difference in income as opposed to where the parties’ incomes are similar. Where a high income earner is paying alimony they are usually in a higher tax bracket, so the tax deductibility of the alimony can save the payor - and even the family unit as a whole - a significant amount of money. This savings is sometimes so important that parties with potential alimony payments will build all other financial aspects of the divorce around alimony, and ca...

The Probate & Family Court is moving to electronic filing (through http://www.efilema.com/ ).  As with any changes in the courts, this is a process and, as of the time of this posting, only certain types of cases may be filed.  The court in cooperation with their vendor, Tyler Technologies, has been providing in-person trainings around Massachusetts. We attended the recent training at the Worcester Law Library and wanted to share some of the most important takeaways: 1. Available to All The e-filing system is available to both attorneys and clients.  This means that pro se (unrepresented) parties can file documents on their own through e-filing as well. 2. Available in Every County The e-filing system is available in every county in Massachusetts as of this posting.  Since this system is new, different counties may have different policies on how they are implementing the interplay between electronic and paper filings.  For instance, some counties...

We have a new member of the Skylark Team: Kristyn Stoia is currently a Freshman at Boston College majoring in English and is also pursuing the Pre-Law track. Outside of academics, she can usually be found at the barn riding for the Equestrian Team, or in the stands during athletic games playing for the BC Band. Kristyn has a keen interest in Law and is looking forward to her first experience in the legal profession. During her time at Skylark, Kristyn will be working on making the website more accessible for clients and visitors alike. Modifications will be made to make the website better accessible for those who are visually impaired, hearing impaired, and any other impairments that can limit access to our resources. The user experience for every individual who visits our website is a major aspect of our ethos, so making the appropriate adjustments to our website is an endeavor that we’re looking forward to accomplishing. The inspiration to undertake this project initially ...

post by Jennifer Hawthorne In most families, when spouses decide that getting a divorce may be the best road forward for their family, one of the first questions that almost universally causes concern is what lifestyle will my family live after the divorce. Will there be enough money to support two households and keep us comfortable and even relatively close to the lifestyle we live now? In Massachusetts, the two basic statutory means for one spouse to provide support for the other’s household after a divorce are child support and alimony. There is a third option that essentially combines the two into unallocated support, which you can read more about by clicking here . Child Support changes with new circumstances: If there are children involved, discussions with professionals will usually start with child support which is based on guidelines that dictate a specific formula be applied resulting in a presumptive amount of support. During such a discussion, you will learn that ...

Skylark Law & Mediation, PC is excited to welcome Jennifer Hawthorne to our family of collaborative practitioners.  Jennifer is a trained mediator and collaborative family and probate attorney with a background in financial services.   She is the mother of three wonderful children and a new puppy.  She is also on the Board of Directors of the  Massachusetts Council on Family Mediation . Here is what Jennifer would like to share about her journey to Skylark: My path to working as an associate at Skylark Law and Mediation has been a little unusual. Many times, the career path for a family law lawyer/mediator goes something like this this: For me, so far, my path has been a little different: For some, this may seem like a backward step in the “normal” path of a law career. For me, if feels like the most natural step down my path.   Opening my firm had nothing to do with feeling like I had reached the point in my career where I was ready...

For many people the judicial system is the most mysterious of the three branches of our government.  Especially in states like Massachusetts where judges are appointed instead of elected, the legislature and the executive branch dominate the news.  In addition, most people want to avoid the courthouse.  The court is where people are sued, get divorced, or go to jail.  But that's not all that happens there. The judicial system in our republic serves the People, just like the legislators and executors.  The courthouse should also be a place where families are protected and respected, where disputes are resolved, and where victims receive justice.  The court system should not be something we fear and it should not be a mystery. So we commend the Massachusetts trial courts for their plan to invite the public in on November 8, 2017, for the aptly titled " This is Your Court Day Open House ".  The event will be taking place in eight courthouses around ...