Frequently Asked Questions in Massachusetts:
- Posted by Alexander Nesson
- On October 31, 2019
What is the Difference between a Temporary Custody Hearing and a “Placement Hearing”?
Place decisions are within the powers of the legal custodian; which can include the DCF, 3rd party legal custodian. The court does not choose the placement that is looked at under Section 21 of the General Laws, Chapter 119 and saying whether or not the person who has custody that chose to place the child somewhere has either abused their discretion or is an error of law.
The court under some case law including the Care and
Protection of Isaac and Care and Protection of Jeremy is limited and
their authority to tell DCF where to place the child. A more recent decision of the Care and Protection
of Walt is if the court grants custody to the 3rd party, it can be subject
to the grant of custody to that 3rd party with conditions; including
conditions that limit the 3rd party custodian from changing the
child’s placement.
Alimony in Massachusetts & Cohabitation and Alimony in Massachusetts
Under the Mass General Laws, Ch. 208 Section 49D. If the general term alimony shall be suspended, reduced or terminated upon cohabitation of the spouse that is receiving the alimony for a continuance period of at least three (3) months; you need to go into court to file a Modification and present the evidence to try and have the alimony suspended, reduced or terminated.
In Massachusetts for alimony, the maximum duration of alimony that will be presumed and general alimony term begins when the Judgment of Divorce is issued and it does not include the time period in which temporary alimony was paid while the divorce was pending and that is in a case called Homes v. Homes.
If the Court is presented with Evidence of Potential Tax Consequences Does a Judge, consider those consequences when creating a modified Alimony Provisions related to Divorce Actions?
There are new tax consequences with the new tax laws and not the benefit of the person paying alimony, but it is important in a divorce case to always present potential tax consequences if relevant and beneficial.