Income attribution occurs when a judge feels that a party is underemployed or otherwise earning less than he or she could with reasonable efforts in a case involving child support alimony.

In representations it is usually the attorneys or if somebody is representing themselves, giving an argument about what would be shown as evidence in front of the judge versus an evidentiary hearing which there would actually be testimony and cross examination.  Most of the time the courts would prefer that it be representations because it […]

It can vary importance.  In Massachusetts the title to a property does not matter as much as whether it is a marital asset and the different equitable division factors; including contribution.  The longer that the parties have been married, the less relevant that it is. Sometimes you can make certain arguments based on how short […]

Every case is unique, but in general or in most cases if there are two (2) children each parent might claim one. If there is an odd number of children for example 3 children, it might be that each parent claims one and alternate the third child on odd or even years.  If let’s say […]

The parenting app are things that a lot of the time the courts are very much in favor of. The most common one that is used is called “Our Family Wizard” and there is a modest cost for that. There is also a free parenting app called “AppClose”.  With the parenting app it is helpful […]

You can try and bring the exhibits the day of the hearing but it is expected.  You should look at the letter that you received from the fearing hearing office.  Usually it is expected at least two (2) weeks ahead of time that you will provide a copy of the exhibits and witnesses to both […]

The answer is yes.  You can request that from the fair hearing office after the fair hearing takes place.

The answer is it depends. There are many fair hearing officers that ask specifically not to have a memo written when asked. There are some fair hearing officers that ask for a memo to be written and there are some fair hearing officers that will leave it to the discretion to the attorney. Memos are […]

This is one of the factors that the courts are going to consider when they are using the Child Support Guidelines, is how much you are paying for in a prior Court Order for that other child and it is a factor with the court can consider.

Under the child support law there are some talks about what happens if you have a subsequent family. Usually, it is not considered a defense to reduce your child support if there is an order in place, but it may be a defense to child support being modified up. Meaning that if you have a […]