Child Custody 

The primary consideration in resolving a custody dispute is, "What is in the best interests of the child?" The main goal of a custody dispute is what is best for the child, as opposed to whatever the parents desire. The best interest of a child is determined on a case-by-case basis and takes into consideration all of the relevant facts and circumstances.

Child custody is often the most contentious aspect of a divorce or paternity matter. As heated as parents may get over custody, however, the individuals who suffer the most in a custody dispute are the children. Parents are often blinded by their desires or are caught up in the divorce battle, that they fail to recognize the needs of their children.

There are two types of custody, Legal Custody and Physical Custody, both of which can be granted solely or jointly. Legal Custody is the right and responsibility to make major decisions regarding the child's education, medical care and religious development. Physical Custody is primarily a question of where and with who the child lives.

Typically parents are granted Joint Legal Custody and the parents continue to be mutually responsible and involved in major decisions regarding the child's education, medical care and religious development. Unless the circumstances warrant otherwise, it would be very rare for the court to completely remove one parent from the decision making process. Each parent will be able to help influence and shape the life of their child.

Slightly more uncommon, Joint Physical Custody involves the child living for periods of time with one parent, and for other periods of time with the other parent. This arrangement is typically shown in situations such as; school year with the first parent, and the summers with the second parent, or a term of months with one parent and an equal term with the second parent. More often courts only grant Sole Physical Custody, with a right of visitation.

Child Visitation

Visitation schedules can be set by the parties or by the court, and in either case are modifiable depending on changed circumstances. Typically the child will live with one parent, called the custodial parent (sole physical custody), and visitation will be granted to the non-custodial parent. A visitation schedule can be as detailed as you would like, including specific days, weekends, holidays and other significant events, or it can be very simple and state "non-custodial parent will have liberal visitation."

Child Support Payments 

The amount of child support to be paid is based upon a mathematical formula set out in Massachusetts Law. A precise computation of child support requires that the correct financial information from each parent be placed in the statutory formula. This amount can be adjusted due to changed circumstances, and by agreement of the parties (typically offset by alimony). The Law Office of Georg C. LaBonte can help you gather all of the financial information required to ensure that the resulting amount of child support is accurate.

The guidelines require computation of, gross weekly income of both parents, less the expenses paid for child care, health, dental and vision insurance, and another other support obligations. These totals are used to compute the amount of income that must be attributed to each child.

Alimony Payments 

After a divorce, your financial circumstances may significantly alter, during the marriage income that supported a single household must now be divided to support two, and many divorced individuals worry about how they will make ends meet. When a couple is divorcing in Massachusetts, a judge may award alimony, or spousal support, to either the husband or the wife.

Judges look to certain factors to determine if spousal support is necessary, including these:

• Length of the marriage
• Conduct of the spouses during the marriage
• Age, health, occupation and incomes
• Needs and responsibilities of each spouse
• Costs of health insurance coverage
• Tax consequences of an alimony order

Alimony Reform Act of 2011 

Duration limited:

• Long term marriages (more than 20 years): Alimony will end at retirement age as defined by the Social Security Act.
• 5 years or less: Maximum Alimony term is 50% of the number of months of marriage.
• 10 years or less but greater than 5 years: Maximum Alimony term is 60% of the number of months of marriage.
• 15 years or less but greater than 10 years: Maximum Alimony term is 70% of the number of months of marriage.
• 20 years or less but greater than 15 years: Maximum Alimony term is 80% of the number of months of marriage. 

Termination:

• Co-habitation: Alimony shall be suspended, reduced or terminated when the recipient has maintained a common household with another person for a continuous period of at least three months.
• Remarriage: Alimony terminates upon the remarriage of the recipient.

Excluded Income:

• Payer's Second Spouse's Income "shall not be considered in a re-determination of alimony."
• Child Support: "court shall exclude ... gross income which the court has already considered for setting a child support order."
• Second Job and Overtime may be presumed immaterial to alimony modification.
• Payment of Health or Life Insurance for recipient shall reduce alimony.