In Massachusetts both parents are obligated to support their children until emancipation as defined by the statute. It seems you have either agreed or have been ordered to pay child support until that time. This will continue until her graduation or 23 at the latest if she continues school until or unless a modification of the present order is entered.
The other part for a child in that age range is college expenses. Parents who can communicate will sit down in the senior year and map out the next four years as to college expense and child support. There may be overlaps to the support as in your case where the child has moved out and does not now needs money for an apartment while in school.
If you do not have this open communication a mediator is helpful and well worth the money.
If neither situations exist you will, until a court orders otherwise, need to pay child support and contribute to some degree to her college either as agreed or ordered.
Be very careful about filing for a modification which tends to turn into an “opening of Pandora’s box.”
Good luck.

The Greater Boston Divorce Attorneys at Baron Law provide legal services to individuals and families in the Greater Boston communities including: Andover, Billerica,  Boxford, Georgetown, Ipswich, Newbury, Newburyport, North Andover, North Reading, Rowley, Salem, Tewksbury, and Topsfield.

Baron Law & Mediation

Greater Boston Divorce and Custody Attorneys
800 Turnpike Street, Suite 300
North Andover, MA 01845
Phone: 978.674.8530

Being served with divorce papers is a serious matter which cannot be ignored.
Here is some information for you:
The paperwork might include a complaint for divorce, automatic restraining
orders, tracking sheet, summons, motion for temporary orders and notice of
date for temporary orders to be heard.

This is what a lawyer or you, if you choose to represent yourself) needs
to do upon receipt of this packet
1) answer the complaint within 20 days.
2) file a counterclaim asserting your rights and requests for relief.
3) complete a financial statement in preparation of temporary hearings.
4) prepare a child support guideline.
5) create an expense sheet, gather all your financials for at least 3 years
6) do not transfer any assets, do not change any beneficiaries, do not change
any health insurance, do not close any accounts or credit cards or you may
violate the restraining order
7) Check your credit cards and your bank account to see if your spouse has
unilaterally charged or withdrawn, or closed any accounts to pay the
attorney.
8) if you are still both living in the home, be prepared for extreme stress
until the living and financial arrangements are in place.
9) contact professionals: your attorney, your financial advisor, your CPA or
CDFA to get a handle on your financial options…. if you broke your arm
would you set it yourself?
10) if you have children, consider a therapist for them (and one for yourself)
Do not delay or you will put yourself in a vulnerable and uneducated
situation …
There is a lot going on here and the person involved does not under the
stress have the objectivity or education to do it on their own (in my humble
professional and personal opinion)
Good luck

The Greater Boston Divorce Attorneys at Baron Law provide divorce litigation, mediation and collaborative legal services to individuals and families in the Greater Boston communities including: Andover, Billerica, Boxford, Georgetown, Ipswich, Lowell, Newbury, Newburyport, North Andover, North Reading, Rowley, Salem, Tewksbury, and Topsfield.

Greater Boston Divorce  Attorneys and Mediators
800 Turnpike Street, Suite 300
North Andover, MA 01845
Phone: 978.674.8530

You will be divorced in 120 days after you go to court for your hearing if it was an uncontested case. As to health insurance, you will be covered as a spouse until that period has ended (your divorce is final) and the insurance company or employer is notified of the divorce. Whether you owe your spouse any payment for health insurance prior to that time would be determined by language in the separation agreement. If it is silent, most people would interpret that as meaning the spouse currently having the payment taken from the paycheck will continue to do so until the divorce is final without contribution. The two of you may vary that and start earlier. Confirm that your employer follows MA statutes and will cover you post divorce. Many employers are not subject to the statute due to the fact they are “self insured”. Look to the employer’s summary plan description to determine whether the company is self insured.

boyfriend living in home after divorce

Attorney Allan Baron

 While I sometimes see restrictions on boyfriends/girlfriend in the home of the parents during divorce proceedings, in my opinion only, I see it as unrealistic to prevent that situation after a divorce. Of course, as a parent you always have the right to object if the person is somehow endangering the safety of your children or clearly is otherwise harmful to your child.

If the new person is contributing to expenses, then perhaps the child support amount might appropriately be adjusted and if there were an agreement for alimony the cohabitation would normally end the alimony (whether permanently or for the time of cohabitation only is a question).

Also consider, based on the age of the child, getting one or more opinions from a therapist as to how to best handle the situation of the “move in”.
Some attorneys have a different point of view but I see it as a part of the “moving forward” aspect of the post divorce living.
The two of you can agree to such suggested language in your agreement or you may seek the assistance of a divorce mediator to resolve that issue only. Best of luck!

The Boston Area Divorce Attorneys and Mediators at Baron Law provide divorce litigation services as well as divorce mediation services to divorcing couples and to individuals post-divorce.  They serve clients in the Greater Boston area including: Amesbury, Andover, Billerica, Boxford, Burlington, Danvers, Georgetown, Ipswich, Lawrence, Newbury, Newburyport, North Andover, North Reading, Reading, Rowley, Salem, Salisbury, Tewksbury, Topsfield, Wilmington.

Baron Law & Mediation

Boston Area Divorce Attorneys and Mediators
800 Turnpike Street, Suite 300
North Andover, MA 01845
Phone: 978.674.8530

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]]> http://baronlawmediation.com/2013/05/spouses-boyfriend-living-in-home-after-divorce/feed/ 0 http://baronlawmediation.com/2013/05/ma-divorce-motion-to-waive-appearance-financial-statements-rule-401/ http://baronlawmediation.com/2013/05/ma-divorce-motion-to-waive-appearance-financial-statements-rule-401/#comments Mon, 06 May 2013 17:38:59 +0000 admin http://baronlawmediation.com/?p=1920

 In order for a judge to be in a position to approve a separation (divorce) agreement, he/she needs at least 2 financial statements (1 from each party) and a separation agreement as well as all other required court documents. Where one party is not able to attend the court hearing, yes the motion to waive appearance and an affidavit is appropriate. The motion to waive appearance may be heard at the time of the hearing. You should know that the financial statement you and you spouse each complete may be different: there are two types, a long and a short form. The long form is required if one earns more than 75K per year and the short for those whose income is less than 75K per year. If you wish to have your agreement and packet reviewed, you can contact a mediator who is also an attorney skilled in divorce law or one party may hire an attorney for that limited purpose only.

Feel free to contact our firm at 978-674-8530 or visit our website:   www.baronlawmediation.com

I have been divorced for almost 10 years. My 18 year-old daughter just moved out of state for college and we’re unsure as to how to proceed with visitation with her dad.  I assume visitation with her dad continues through the college years or does it stop now that she’s 18?  When she lived with me in our Boston area home, these logistics were easy. Also, can her child support be increased now that there are more educational expenses? Any advice is appreciated.  Thanks.

ANSWER: by Allan Baron

Hopefully, a well-crafted separation “divorce” agreement has handled these issues and you should first look to the agreement for the answer. If you remain uncertain, I recommend you acquire the assistance of a Family Law/Divorce Law Attorney.  Things obviously change when a child enrolls in a post-secondary program and lives away from home. In that situation, there needs to be a coordination of child support, visitation and college related expenses.  Most agreements have taken into account how college expenses will be handled or at a minimum sets forth a process or method to follow as “college time” approaches. The agreement should address whether each parent will obligate themselves to a percentage of college expenses and how the expenses are defined, whether each parent agrees to pay a certain amount of money per year/per child, who will handle the shortfall, who will cosign for loans, if necessary?   If there are any agreements as to a reduction for child support for duplicative expenses when the child begins college should also be included in the agreement.  At this age, visitation will be suggested by the parents but controlled by the child with regard to distance, time available and the general relationship between parent and child.  If the agreement does not address these issues, I would suggest that a few sessions with a Mediator experienced in the field of divorce and who has a good understanding of college expenses and finance; mediation would be a cost effective way to get your issues handled.

The Boston Area Divorce Attorneys and Mediators at Baron Law provide divorce litigation services as well as divorce mediation services to divorcing couples and to individuals post-divorce.  They serve clients in the Greater Boston area including: Andover, Annisquam, Boxford, Georgetown, Ipswich, Newbury, Newburyport, North Andover, North Reading, Rowley, Salem, Tewksbury, and Topsfield.

Baron Law & Mediation

Boston Area Divorce Attorneys and Mediators
800 Turnpike Street, Suite 300
North Andover, MA 01845
Phone: 978.674.8530

As part of our divorce settlement, I’m supposed to keep my ex-wife and kids on my health insurance.  I just got laid off of work and now to keep us all covered on health insurance, I have to pay COBRA which is significantly more than what my contributions were before. I cannot afford it. We live in a suburb north of Boston and Mass law requires everyone to have health insurance, right? What can I do?

ANSWER: by Allan Baron

First, I recommend you look to your separation “divorce” agreement for your answer.  If it is a thorough and complete agreement, it should cover the situation in which the original party agreeing to keep the family on his/her policy is no longer able to do so.  Many agreements will shift the burden to the other party to obtain coverage if it is available through that person’s employment; the advantage being that many employer provided policies subsidize the cost of the policy to some degree for the employee.  If that is available then there may be an agreement as to how to pay for the coverage as between the parties.  If neither party is able to get coverage through their employer then usually the parties agree to coordinate and split the cost of coverage at least for the children.  Suggestions for coverage are through social and professional associations you may belong to, small business associations or private coverage.  Massachusetts has some additional options as they require generally all to be insured.  Look for federal options in the coming years as well.

The Boston North Divorce Attorneys at Baron Law provide legal services to divorcing couples and to individuals  post-divorce.  They serve clients in the Boston North area and the Greater Boston communities including: Andover, Annisquam, Boxford, Georgetown, Ipswich, Newbury, Newburyport, North Andover, North Reading, Rowley, Salem, Tewksbury, and Topsfield.

Baron Law & Mediation

Boston North Divorce Attorneys
800 Turnpike Street, Suite 300
North Andover, MA 01845
Phone: 978.674.8530

My mom is going to move out of her home in North Andover into an assisted care facility.  My husband and I would like to buy her house but our credit is not good. Is there any way we can be added to the title without checking our credit?  Would a living trust or will work?

ANSWER: by Allan Baron

Whether and how to transfer or sell the home in which an elder resides may be a complicated matter. There are several instances that may arise resulting in cross purposes being at play. Before a strategy can be given to the elder and/or the adult children, it is necessary to “diagnose” the situation.  An Elder Attorney, preferably one who also practices in the area of Estate Planning and/or Tax Advisor will need to know the health status of the elder (physically and cognitively), the financial situation and the family dynamics of which the elder is a part of.  Additionally, the Professional will need to know the goals of the parties, whether Medicaid/Masshealth issues are involved, how tax considerations come in to play and should be addressed, whether the transfer/sale of the property is part of an estate plan already in place, and what is the capacity of the elder to understand?  Once these questions are explored and answered, your chosen professional will be able to frame your goals and work out an efficient plan of action to get the matter(s) taken care of.

The North Andover Elder and Estate Planning Attorneys at Baron Law provide legal services to elders and their adult children in legal matters pertaining to estate planning.  They serve clients in North Andover and the Greater Boston communities including: Andover, Annisquam, Boxford, Georgetown, Ipswich, Newbury, Newburyport, North Andover, North Reading, Rowley, Salem, Tewksbury, and Topsfield.

Baron Law & Mediation

North Andover Elder Law and Estate Planning Attorneys
800 Turnpike Street, Suite 300
North Andover, MA 01845
Phone: 978.674.8530

My husband and I are getting divorced.  He works and I am a stay at home mom to 3 great kids in Georgetown. He has been spending money on expensive luxury items, including a new car.  How will these expenditures effect the division of assets?

ANSWER: by Allan Baron

The court considers 17 or so factors in regard to property assignment and division, division of assets as you refer to in your question. One of these 17 factors is conduct of the parties.

The court views this information as important and looks to see whether a party has spent down or dissipated marital assets without agreement by the other spouse. Conduct such as gambling and other addictions often cause a party to go through marital assets at an alarming rate.  Excessive spending without justification, would be relevant and a court may assign or divide assets in a manner to compensate you for this conduct.

The Georgetown Divorce Attorneys at Baron Law provide legal services to divorcing couples in Georgetown and the Greater Boston communities including: Andover, Annisquam, Boxford, Ipswich, Newbury, Newburyport, North Andover, North Reading, Rowley, Salem, Tewksbury, and Topsfield.

Baron Law & Mediation

Georgetown Divorce Attorneys
800 Turnpike Street, Suite 300
North Andover, MA 01845
Phone: 978.674.8530

My husband and I have decided to divorce and are on good terms with one another.  We’ve been figuring out finances and think that the kids and I will stay in our Greater Boston area home and see him on a scheduled basis.  Can you please explain the different aspects of “custody”?

ANSWER: by Allan Baron

In Massachusetts, custody includes two parts, those being legal and physical.  Legal custody is the right to make major decisions regarding the child including medical, educational and religious. Legal custody can be sole or shared.  If you agree, as most parents do, that you are both good parents, then shared legal custody is appropriate.  Physical custody is where the children will reside and who (which parent) will have the ultimate say in respect to their day to day life and schedule.  In relation to physical custody, you may be considering a traditional parenting schedule where the children would reside with one parent while the other parent interacts with the children on a limited basis such as: once during the week and every other weekend.  This is considered a sole or primary physical custody situation.

If the children will have 2 homes (home with one parent and home with the other parent) and each parent will have “somewhat equal” parenting time, then a shared arrangement or shared physical custody as it would be referred to may be appropriate. This shared arrangement requires much cooperation between the parents and approval by the court.

The Greater Boston Divorce and Custody Attorneys at Baron Lawprovide legal services to individuals and families in the Greater Boston communities including: Andover, Annisquam, Boxford, Georgetown, Ipswich, Newbury, Newburyport, North Andover, North Reading, Rowley, Salem, Tewksbury, and Topsfield.

Baron Law & Mediation

Greater Boston Divorce and Custody Attorneys
800 Turnpike Street, Suite 300
North Andover, MA 01845
Phone: 978.674.8530