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Worcester Family Law Blog

Massachusetts divorce: can some expenses be spared?

A divorce is often a difficult time for both spouses involved. It can not only be expensive, but also time consuming. If things can't be agreed upon it can lengthen the process, and if paperwork isn't filed just so, it can extend the time it takes to finalize things. Massachusetts residents that have been divorced may have wondered why getting a marriage license is a quicker process than getting a divorce.

There are many things to consider when going through a divorce. Obviously, cost is a factor. The longer the process takes the more court fees both parties are potentially faced with having to pay. Some states require a specific length of separation before a couple can even think about fling the final paperwork.

Massachusetts couple still fighting child custody case

A child custody case that has swept the nation may have grabbed the attention of Massachusetts parents. A couple whose child was taken away by CPS after the couple chose to remove their ill son from a hospital to seek a second opinion elsewhere has now been reunited with their son, but their fight is nowhere near over. A child custody case such as this can be extremely complicated.

Typically when people think of child custody cases, they think of a legal battle between the parents. That clearly isn't always the situation. A child custody case can involve parents, grandparents, and as in this situation, CPS.

Massachusetts child support extends into the gambling world

Massachusetts residents may have read a recent article about a neighboring state that is taking child support out of gambling earnings before they are distributed to the winner. Racinos, which are racetrack and casino combinations, are growing in popularity not only with those who like to gamble, but also with a growing number of states that are tracking down parents that are behind in their obligations. However, with stricter rules in place, the days of not paying child support out of gambling earnings are soon to be over.

More states are passing laws that require gambling institutions to run background checks before paying out any earnings. If it is discovered that the winner has any support due, it is deducted at that time and the winner only receives the remaining portion. The objective of this system is to keep deadbeat parents from opting for gambling as a form of income rather than accepting a full time job in which child support can be deducted directly from their paycheck.

Massachusetts residents follow the Kim Kardashian divorce

There have been several high-profile divorce cases in the news lately, but perhaps none as dramatic as the recent divorce of Kim Kardashian and Kris Humphries. Massachusetts residents have no doubt heard of this story as it has been covered nationwide and beyond. From their first date to their elaborate wedding--and now the divorce--every detail has been covered via television, newspapers and magazines, making it difficult for the public not to follow.

After only 72 days of marriage, Kim filed for divorce back in 2011. Her then husband, Kris, asked for an annulment rather than a divorce on the grounds that he believes she committed fraud. He felt she had used the marriage to financially benefit, specifically with her reality television show, rather than a true desire to wed. It has been an almost two-year battle since the divorce papers were first filed.

Massachusetts parents: Religion can be a factor in child custody

Child custody cases can include a multitude of factors. A recent complicated case has drawn the attention of Massachusetts residents as well as parents nationwide. This particular child custody case is from a Midwestern state and involves the parents having different religious beliefs. The judge from the case has been scrutinized for expressing her own opinions during the hearing. The case is now under appeal.

The parents have three children. The wife wants to distance the children from the Baptist beliefs of the father, in particular the teaching that a wife must submit to her husband. After the initial hearing, custody of all three children was awarded to the mother. The father's appeal was based on a number of issues, including the comments made by the judge. It was noted his attorney did not object to the statements during the hearing, however.

Massachusetts fans may be following high-profile divorce

Former NFL player, Kordell Stewart has filed for a divorce from his reality television star wife, Porsha Stewart. The couple had yet to reach their second anniversary at the time of the divorce filing. Massachusetts football fans as well as fans of Porsha's reality show, Real Housewives of Atlanta, may have been keeping up with this ongoing, highly-publicized divorce.

Porsha made her first public appearance about two weeks after the separation, and reports indicate that she was blindsided by Kordell choosing to file for divorce. Porsha has requested alimony and has also asked to be allowed to remain in the home that the two shared during their marriage. Although the two do not share any children, Kordell does have a son from a prior relationship.

Massachusetts parents: Don't crawl your way out of child support

Child support cases continue to flood our court systems. Massachusetts residents may have taken notice of a recent story in which a man was arrested while literally trying to crawl his way out of the situation. When officers arrived to serve a warrant for nonpayment of child support, the man slinked down the basement steps in an attempt to elude police.

The man owed more than $76,000 in overdue payments. It was not made clear how many children he has or the amount he has been ordered to pay monthly. He did not answer the door or allow officers in when they were attempting to serve the warrant. The officers did force their way in to take the man into custody. As a result, not only is he now facing child support charges but an obstruction charge as well.

Powerball jackpot winner owes nearly $30,000 in child support

Child support matters can sometimes become complicated for Massachusetts parents after a divorce. Sometimes, the amount that a non-custodial parent is ordered to pay may become burdensome at a later time. In these cases, parents may be able to petition a family law judge to request a modification of child support to a lower, more sustainable amount. Alternatively, custodial parents who are not receiving the amount of support they are supposed to receive may be able to seek assistance from the court or other governmental agencies to have the payments enforced.

One recent case from another state involving back child support has received a lot of attention in the news after a father of five won the Powerball jackpot. The 44-year-old father struck it rich after winning the lottery to the tune of $338 million. After selecting the lump-sum payout of $221 million, he should end up with $152 million after paying taxes on the winnings.

Should you file for a Massachusetts divorce first?

Once a spouse has reached the decision to end their marriage, the next steps can seem daunting. However, in many cases, being the first to file for a Massachusetts divorce can make a great deal of difference in the eventual outcome of the divorce process. Spouses should make every effort to determine if it is in their best interest to file first.

One benefit of being the first to file is simple. The person who files first is making a statement that the marriage is over, and that a new life as a single person is on the horizon. This can provide a spouse with an enormous sense of control over the process and bring momentum that can sustain them through the challenges ahead.

False charges by wife against husband backfire in divorce case

In some divorce cases, emotional bitterness can run amok and create destructive results. Some persons even go so far as to make trumped-up criminal charges against the other spouse in an attempt to gain advantage in the divorce proceedings. In Massachusetts and elsewhere, if grievous criminal charges made by a spouse against the other are determined to be false, the court presiding over the related divorce and child custody issues will likely tend to rule against the spouse who lied.

This is the scenario that recently culminated in a decision by a family law judge to award primary child custody of a couple's three children to the husband. The wife had made charges against the husband, who is a surgeon, that he had drugged her without her knowledge and sexually abused her on four occasions. The accusations led to criminal charges against him, exposing him to a possible life sentence.

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