It needs identifying data which would be a place for the names of the parties; the date and place of the marriage; and the names and dates of birth of the children under the custody aspect.  It has to describe equal custody and physical custody; including living arrangements and a parenting plan. This concludes on weekdays, weekends, birthdays; how to transport on holidays and vacations and summer.

If there would be periodic reviews or future modifications; each parent access to the child when they are with the other parent; including by phone, relocation, travel outside of the Massachusetts and notification of illness.  If there is access to the children’s records, then access of other relatives to the children.  Emergency decisions and day to day decisions; the parents cooperating with each other; not bad mouthing each other; religious and major decisions.

The new child support guidelines are currently out, but not in effect until August 1, 2013. Some of the highlights of the new child support guidelines in Massachusetts are that it can be calculated in different ways; including, depending on how much time a parent spends with his/her child and how expenses are split where it can be less than 1/3, 1/3 more than 1/3, but less than 50% and equally approximately equal.

Generally, what they will be doing is an Income for Means Test Benefits for example:  SSI TAFDC and Snap Food stamps are excluded from calculated available income; and where income is to be attributed, the employment at the attributed income level must be considered.  The new guidelines will also show when second jobs or overtime should or should not be considered in the history of these earnings and how to determine income when combined income is greater than $250,000.00. There are also some issues with regard to clarifying; if the child support or college contributions when the children are over 18 and the consideration of any order for college in any weekly child support order.

The new Massachusetts Medical Marijuana Law, which in the past, has decriminalized certain possessions of marijuana overall and on the November 6^th ballot the voters of Massachusetts allowed the medical marijuana use or legalizing the use of marijuana.  It still has questions about some of the federal laws, but this is a new change as well.

The Means Test for Chapter 7 eligibility means that a Trustee or a Creditor can move to dismiss the Debtor’s case if the Debtor’s income is greater than the State median income.  It basically means that they can presume that there is abuse if your current monthly income; which is determined by the average of the prior 6 months; less the secured payments.  They are divided by 60, less the priority debts; divided by 60, unless the allowed expenses permitted by the IRS and certain other allowed expenses is more than $100 a month of a Chapter 13 Plan.  That would mean that there would be a risk that if you meet this standard that you could be shifted to a Chapter 13 re-payment Plan. 

It is generally something easy to calculate with the numbers, prior to filing the Bankruptcy; so long as you provide accurate income. There is also the possibility that even if it falls below the State median the Court may possibly find that there is abuse, but that is much less likely.

Many people in society think of young couples getting divorced or even middle aged people having a mid-life crisis. However, in large part due to society is increased acceptance of divorce, you see an older couple getting divorced as a reality where it appears that divorce is for couples that are 50 years or older doubled in the last 20 years from the prior 20 years.  They can have a lot of different issues; including, being more complicated with retirement accounts, how they are divided and other property divisions that might be much higher than younger couples. They can also be different tax consequences from their retirement plans and the estate planning issues.

In a divorce case or domestic relations cases the Financial Statements can be the most important piece of evidence and that filling them out as accurately as possible can be one of the biggest steps. 

In nearly every Probate Court domestic relations the parties financial information is relevant and is an important issue considered by the court.  The Financial Statement is signed under the Pains and Penalties of Perjury that client’s attorneys, the opposing side, the mediator and the Judge rely on these forms for pretty much every financial issue in court.  Child Support is based on these forms being correctly filled out and along the side with the cost of medical insurance, child care associated cost.  There has to be a complete listing of all assets and debts and a fair and equitable property division can not be determined without that.

The advice is to NOT use your credit cards if you can avoid it prior to filing Bankruptcy and that if a single creditor spends more than $500.00 for luxury goods within 90 days of filing; that is presumed to not be something that can be discharged.

In addition, cash advances of $750.00 within 70 days are also treated the same way.

It automatically protects up to $125,000.00 in a home equity without filing and can protect up to $500,000.00 for those who file a Homestead protection.  Both spouses are allowed to file.  You do not need to re-file after refinancing.  In addition, there are some new laws about veterans and their family’s additional protections.  The owners’ must occupy or intend to occupy their home as a principal residence.  In addition, if you are elderly or disabled, you should record the Homestead under Section 2 to gain maximum protection and if you attach a Disability Ward Letter or a doctor’s letter to the Homestead action. 

Properties that are held in a Trust can now be Homesteaded as well.  With the questions about mobile homes and manufactured homes; these can be Homesteaded as well and you want to look to make sure over the last several years if you have refinanced, whether you need a new Homestead Declaration or not; because some of the refinancing mortgages might have contained a Waiver of Homestead rights.  There is also where children and surviving spouse of somebody who has recorded a new Homestead can also gain certain or special protections.

In today’s society caregivers who are relatives are becoming a special type of caregiver. It is a situation in which children can not remain with their biological parents because of issues related to safety and stability. Studies have shown that children do much better, emotionally, physically and mentally when living with a relative, rather than in a foster care situation or with an adult that they do not know.

Having a child live with you under such circumstances can be financially and emotionally challenging at times. While there are resources available for relative caregivers but it is easy to get overwhelmed.

How do you become a relative caregiver? Do you should go to Juvenile Court or Probate and Family Court? What are the differences and the advantages for you? (One of the things you need to remember is that parents have special constitutional rights and other protections which are not afforded to a relative caregiver.)

The Restraining Orders and 209A’s are now allowing pets to be listed and there has been an actual case where a pet has been listed under the laws as of the end of October.  The 209A was reflected to allow a Judge to include a pet when filing a 209A Order.  This is relatively new Order, but has been allowed by the Court.