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LAW OFFICE OF
SUSAN CASTLETON RYAN, P.C.
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Rachel Stauff, Paralegal
(Far Left), Susan C. Ryan, Esq. (Center),
Paula Gallagher,
Office Manager/Legal Assistant (Far Right)
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Welcome to the Newsletter of the
Law Office of Susan Castleton Ryan, PC
Welcome to the first monthly newsletter from the Law Office of Susan Castleton
Ryan, P.C. My practice focuses on family law and probate
matters, which are often complex, sensitive, and always
challenging. There have been significant changes in family law
during the past few years. New child support guidelines will be
implemented in January 2009. The newsletter is intended to keep
readers informed and educated about changes in the law, and within
the probate court.
If you have any questions and/or comments about this
newsletter, or suggestions for future topics, please contact the
office via our website or email.
Best wishes for a safe and happy holiday season!
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NEW CHILD SUPPORT GUIDELINES
As of January
1, 2009, new Massachusetts child support guidelines will take
effect. The guidelines
will apply to all child support orders and judgments entered after
the effective date.
Existing orders and judgments less than three (3) years old as
of the effective date will not be modified unless the income of one
or both parties has changed, or there has been a change in
circumstances warranting modification.
The new
guidelines differ significantly from those currently in effect. They consider the combined
income of both parties, and eliminate the $20,000 deduction for the
custodial parent. The current guidelines apply only in cases where
the combined income is $135,000 or less. The new guidelines will apply up to $250,000 of
combined annual income for both parties. Additionally, the new
guidelines provide clarification about overtime and secondary jobs;
income from self employment and unreported "under the
table" income; shared physical custody arrangements; adjustments
as children age; income attribution; prior child support orders; and
subsequent families, etc.
One of
the most significant changes is the inclusion of ten (10)
circumstances in which judges may consider in deviating from the
guidelines. These
factors include, but are not limited to, situations involving a
child(ren) with special needs or aptitudes; a child with
extraordinary medical expenses; a parent with extraordinary medical
expenses; a parent with extraordinary travel or other expense related
to parenting; payor is incarcerated; absent deviation the application
of the guidelines would lead to an order that is unjust,
inappropriate, or not in the best interests of the child, etc.
While
the guidelines are not effective until January 1, 2009, many judges
and court personnel seem to be considering them on a case-by-case
basis prior to the effective date.
The new
child support guidelines are available online at: http://www.mass.gov/courts/childsupport/guidelines.pdf.
The new guidelines are a result of
more than two years' work by the twelve member task force composed of
attorneys, judges, doctors, and others. Probate & Family Court
Chief Justice Paula M. Carey chaired the task force. The Task Force's report is
available at www.mass.gov/courts/childsupport.
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HAVE YOU
FILED A DECLARATION OF HOMESTEAD?
Many Massachusetts residents are unaware that they may file a
"Declaration of Estate of Homestead" to protect their residence,
in the Registry of Deeds in the county in which the property is
located. By filing the simple form, homeowners are able to
protect their property up to $500,000.00 of the equity value of their
primary residence. Those who own mobile homes may file a similar
declaration at their town or city hall.
The law states that only one person under the age of 62 can file a
Homestead Declaration on behalf of his/her family. However,
under Massachusetts General Law Ch. 188, section 1A, the protection
of $500,000 is for each person's ownership in the residence. If a
non-elderly homestead exemption is already on record, and the other
spouse attains the age of 62, he/she may file for the homestead
protection as well.
More information related to the Homestead Declaration, including
eligibility and filing fees, may be found at the Secretary of States'
website: www.sec.state.ma.us/rod/rodhom/homidx.htm. Information
is also available at individual Registry of Deeds throughout the
Commonwealth. Plymouth County's website: plymouthdeeds.org, has
information related to the Homestead Declaration, and to interesting
facts about Plymouth County. There are three locations serving
Plymouth County, including the main registry in Plymouth, and
satellite offices in Rockland and Brockton.
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HAPPY HOLIDAYS!
The most festive
time of year is here. It is a time for family gatherings, gift exchanges,
and of course, delicious food. Normally at this time, the office
sends holiday cards and greetings to our families, clients, colleagues,
and others. This year we decided not to send cards, but donated
the cost of cards and postage to the Abington Food Pantry. The
Food Pantry serves the Abington community, providing food and toiletry
items for those in need. We hope our donation will help others
who need assistance at this time. If you wish to support this
worthy organization, or others on the South Shore, please click here for
information. In the alternative, there are donation cans located
in the office.
Paula,
Rachel and I wish you and your families Happy Holidays, and hope the
New Year brings health and prosperity to everyone.
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Questions? Comments?
Feel free to visit our website or email the
office.
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COMING IN NEXT
MONTH'S ISSUE . . .
Meet the
Staff
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This
newsletter is designed to keep you up-to-date with changes in the
law. For help with these or any other legal issues, please call
our firm today.
The
information in this newsletter is intended solely for your
information . It does not constitute legal advice, and it should
not be relied on without a discussion of your specific situation with
an attorney.
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