Family Law Advisor

The Divorce, Alimony, and Custody Reporter


Volume 1 Issue 2
February 1995


Table of Contents:


THE YEAR AHEAD


Look for tougher abuse prevention laws in 1995.  Massachusetts 
legislators will act on visitation guidelines-whether to prohibit 
unsupervised visitation by parents accused of child or spousal 
abuse.  Judges now decide on a case-by-case basis. 

Mental health professionals believe that children usually benefit
from parental access, even if supervised, but few trained super-
visors are available at an affordable cost and at convenient 
times and places.    

Proposed legislation requires accused parents to arrange and pay
for supervision, thereby creating another hurdle to parental 
access and diminishing resources available to pay child support. 

The legislation appears more punitive than protective-a new 
weapon in divorce wars serving to increase false and distorted 
abuse allegations.  

In the end, our children pay in one form or another.  

Sharyn T. Sooho
Steven L. Fuchs

Law Offices of Sharyn T. Sooho	
Two Newton Place, Suite 200
Newton, MA  02458-1634


TO GRANDPARENT'S HOUSE WE GO...

 
Warring couples sometimes deny grandparents access to grand-
children.  In divorce and paternity cases, grandparents now have 
a right to seek visitation in their own names.

Grandparents may file a Complaint (request) for Grandparent 
Visitation in Massachusetts and many other states.  Courts grant
visitation if consistent with the best interests of the children.
You must present evidence, such as:

* You and the children have a deep affection for one another.

* The children spent holidays and vacations with you before the 
  divorce.

* You often took care of the children. 

* You practice certain family traditions which the children 
  should experience. 

* The children's aunts, uncles, and cousins often visit you, and 
  the children should have an opportunity to know their extended 
  family.


WHO PAYS FOR COLLEGE?

 

In 1993 Massachusetts lawmakers gave judges discretion to order 
divorced parents to pay child support and college tuition until 
age 23 if the child is a full time undergraduate student.  Married
parents may terminate support when a child turns 18.  Why should 
divorce expand parental obligations?  Policy makers argue that 
divorce is harmful to children, so they deserve the "extra" 
support. But with college students living away from home, isn't 
"child support" actually disguised alimony? We also question the 
constitutionality of targeting  parents whose only crime was 
obtaining a legal divorce.  

The divorce judge may order one parent to pay all expenses, or 
allocate the expenses between parents based on their financial
resources.  Stepparents have no financial obligations.   

When you and your spouse assign responsibility for college 
expenses:

* Establish a college savings program for both parents and the 
  child.

* Require your child to contribute savings.

* Ensure that both parents will apply for educational loans and 
  supply colleges with financial information.

* Require your child to attend an accredited school on a full 
  time basis and remain in good academic standing.

* Do not overlook application fees, test fees, travel expenses 
  to visit colleges, and preparatory courses.

If you expect both parents to pay, keep both parents involved 
in all aspects of the children's education.  Parents should send
the noncustodial parent copies of the children's report cards, 
test scores, and invitations to parent-teacher meetings. 
Noncustodial parents should help the children with homework 
during visits or ask to see completed assignments if the children 
only visit during school vacations.  Engage children in an 
educational dialogue starting in kindergarten.  Let them know 
both parents care about them and value their education.

Family courts dislike the "last minute" parent who shows no 
interest in the children's academic pursuits until they are 
ready to enter college.  This parent often refuses to 
compromise and demands court hearings before paying college 
expenses. While knowing nothing about the children's academic 
interests, abilities or aptitudes, the parent nonetheless 
expresses strong opinions.

If you were the judge, would you listen to this parent?


STEPFAMILIES

 

Demographers predict that by the year 2000 most of our children 
will live with a single parent or stepfamily.  Lawmakers have not 
come to terms with the "new American family,"  failing to define 
the rights and responsibilities of stepparents.  On an informal 
basis stepparents are assuming financial and legal 
responsibilities.  Colleges, for example, review the financial 
resources of stepparents before awarding financial aid.  

Several states, excluding Massachusetts, allow judges to grant 
visitation to stepparents.  Lawmakers generally refrain from 
imposing support obligations on stepparents, although outside 
of Massachusetts, some states require stepparents to provide 
support so long as they are living with stepchildren. 

Judges must consider several factors, including the "needs of 
the children of the marriage" before granting a divorce.  In 
an unreported case, the Massachusetts Court of Appeals refused 
to expand the law to stepchildren, but unofficially, some 
divorce judges consider the needs of stepchildren.

With over one-half of all children living in single parent or 
stepfamily homes by the year  2000, the legislature must address
the needs of the new American family.


COURT-ORDERED MEDIATION: WHEN YOU CAN'T AGREE, BUT WANT TO TALK

                    
In the early eighties, many divorcing couples chose private 
mediation.  They hired a neutral third party to facilitate 
discussions ranging from custody and visitation to division of 
assets and alimony.  As mediation became more widespread, courts 
began experimenting with alternative dispute resolution (ADR) 
techniques since the adversarial process drove parties further 
apart and discouraged future compliance with court orders.

Court-ordered mediation became popular and court personnel were 
trained as mediators.  In theory, parties would no longer be 
able to delegate decision-making by hiding behind lawyers and 
would start realizing the importance of settling their cases 
without going to trial. 

Although mediation has its advantages, argumentative or rigid 
people are not good candidates for mediation.  Skilled mediators 
assess the parties at the first meeting and may refuse to handle 
a case.  


NOTA BENE

 

A man who pays support voluntarily for a child born out of 
wedlock may become obligated to continue paying, even if DNA 
testing later proves he is not the biological father.  



A FEW OF OUR FAVORITE THINGS


When you want a general background on divorce, refer to James 
Friedman's book, The Divorce Handbook: Your Basic Guide to 
Divorce.  Friedman uses a question and answer format covering 
227 questions related to divorce for a national audience.

Locally, the Divorce Center, Inc., P.O. Box 4791, Framingham, MA 
01701 distributes material, at a nominal cost, on the legal and 
emotional aspects of divorce.  The Divorce Center runs a series 
of weekly presentations by divorce lawyers, judges, mental health 
professionals, and financial planners.
The $5.00 admission fee is an excellent value.    



"Criminal lawyers see the worst people at their best.  Divorce
lawyers see the best people at their worst."

-- Thomas B. Concannon, Jr.    
Mayor, City of Newton, and former divorce lawyer



CONSUMER PRICE INDEX

 
If your agreement calls for a cost of living adjustment ("COLA"),
the CPI for all urban consumers increased 2.7% for the twelve  
months ending December 31, 1994. 

(source: Bureau of Labor Statistics)


TAX TIPS


High earners often pay alimony instead of child support to take 
advantage of the tax code.  Alimony is deductible; child support 
is not.  

If you receive alimony, talk to your tax advisor about paying 
quarterly estimated federal and state income taxes.

If you are still married on December 31, you and your spouse are
eligible to file a joint tax return or you may file a separate 
return, but you are not eligible to file as a single taxpayer.


	Life acquires meaning
	When we face the conflict
	Between our desires
	And reality.

		-Deng Ming Dao
	  	365 Tao: Daily Meditations

COMING ATTRACTIONS:


* Prenuptial Agreements: Changing Your Marital Vows
* Do You Have a Fool for a Client When You Represent Yourself?
* Is it Fair When a Judge Makes an Unequal Division of Assets?

Go to our Home Page

Law Offices of Sharyn T. Sooho



©1995 Sharyn T. Sooho

all rights reserved

(This document is considered "advertising" under Supreme Court Rule 3:07)