In our last post, we defined Collaborative Practice (CP), discussed who was involved, and talked about preliminary steps and length of time. In this post, we will address who should use Collaborative Practice, why it is successful (as well as a few potential downsides), and what happens at a successful conclusion. Read More >>
Collaborative Practice (CP) has been defined as “a voluntary dispute resolution process in which parties settle without resort to litigation.” It allows the parties to control the outcome, as opposed to putting it in the hands of a judge or other third party (such as an arbiter).
The goals of those heading into Collaborative Practice should be to negotiate a mutually acceptable resolution and to create solutions that factor in the highest priorities of each party, all while maintaining open communication. Read More >>
Understanding Financial Implications of Today’s Divorce Options
Divorcing couples in today’s complicated modern world can face vastly different scenarios. Financial situations vary widely from case to case, as do reasons for the divorce and degree of cooperation between parties. Because of this reality, there is no one “right” way to recommend you approach divorce proceedings. Rather, it is best to consult an attorney to find out what your options are so you can decide what would be wisest in your particular case. Read More >>
Once child support reaches the court, it becomes another instance of rolling the dice as far as the outcome is concerned. If parents want to retain more control of the process and have a say in the final outcome, they are well advised to look for alternate means.
While each state has set certain guidelines that must be applied when determining child support amounts, there is some flexibility (within certain limits) if the child support figure is determined through a negotiation process such as mediation or Collaborative Practice, as opposed to through a court order.
Here are two points to consider: Read More >>
Unfortunately, people can sometimes assume that a friend or family member’s experience with child support reflects what the law actually states. As is often the case, this is a false presumption. There are actually many misconceptions about how child support currently works in Massachusetts. Here are a few of the more common ones: Read More >>
While each of the 50 states is under a federal mandate to enforce specific child support guidelines, these guidelines can vary widely from state to state. They are reviewed every three years, to be updated if it is deemed prudent or necessary (though changes do not always result). Our guidelines here in Massachusetts were recently reviewed, and updated as of August 1, 2013.
Massachusetts child support guidelines are currently based on several key factors:
- Gross income of both parties
- Child care costs
- Health care costs (including dental and vision) for both the child and the parents
- Other potentially applicable situations, such as whether one party is already paying child support to children from a previous relationship
Divorce is understandably an emotionally triggered word, stirring up a host of powerful sentiments among all parties involved. Though it can be tempting to get lost in the emotional factors of the moment, it’s important that both husband and wife go in to negotiations with their eyes wide open, aware of all their options and potential liabilities.
Last year’s fundamental changes in Massachusetts alimony law make it all the more critical to understand clearly what the legal ramifications of divorce today can look like. So far, judges have been interpreting and applying this law in vastly different ways – perhaps quite unlike the original drafters intended. It will take time (some say even as much as 10 years) to sort out all the variances. Read More >>