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LAW OFFICE OF
SUSAN CASTLETON RYAN, P.C.
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HOW DO I KNOW
IF THE COURT IS CLOSED?
In the event a snowstorm or
other weather situation occurs, the courts may have a delayed
open. In rare situations, they may close for the day.
During this winter, there have been several days when the court has
had delayed openings. Information is usually publicized on the
local news stations, and is also available by calling (800)
222-5178. You can also access information regarding court
closings at www.masslawyersweekly.com. Please use these and other
internet resources rather than calling the court for information
regarding closures and delays.
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UPDATE
ON ALIMONY REFORM
The January 2010 newsletter article
addressed the current alimony laws in Massachusetts, as well as a
brief discussion of the Pierce case. In that case, a former
Massachusetts Superior Court judge, unsuccessfully tried to terminate
his alimony obligations to his former wife, when he retired from
private practice at the age of sixty-six (66).
For many years, alimony reform groups, and
other groups and individuals have cited Massachusetts current alimony
laws as vague, archaic, and out of step with most other states'
positions. According to critics of the current laws, they
create the unfair and unreasonable likelihood of alimony continuing
forever, without consideration of any number of changes in
circumstance that could occur to either party, such as cohabitation
and/or retirement. This has resulted in some alimony orders extending
for many years longer than the length of the actual marriage.
On January 18, 2011, Senator Gale D.
Candaras and Representative John V. Fernandes filed an Act to Reform
and Improve Alimony. The Alimony Reform Act of 2011 proposes a
number of important revisions, not the least of which is the
establishment of new, separate alimony categories and durational time
limits, as well as the opportunity to terminate alimony obligations
upon retirement. The Act also allows such terms to be revised in the
event of an ex-spouse's cohabitation and/or judicial discretion when
considering specific facts of the case.
These reforms are the result of
recommendations from a Legislative Task Force composed of numerous
individuals, including the two sponsors of The Act, Probate &
Family Court Chief Justice Paula M. Carey, judges and attorneys.
The recommendations of the Task Force may
be found at by clicking here.
The Alimony
Reform Act of 2011creates new categories of alimony to address
specific situations, including general term alimony, rehabilitative
alimony, reimbursement alimony, and transitional alimony. The Act
also establishes a formula for limiting alimony awards based on the
length of the marriage. Marriages lasting less than five years would
require alimony of no more than fifty percent of the marriage's
length. Those between five and ten years would get
alimony for no more than sixty percent of the marriage's
length. In marriages of ten to fifteen years, alimony payment s
would increase to seventy percent of the marriage length, and eighty
percent for marriages fifteen to twenty years. Alimony payments
would remain indefinite for marriages longer than twenty years.
At the present time
the bill awaits assignment to a committee for hearing in the
spring.
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ANIMAL
LOVERS, TAKE NOTE!
On January 7, 2011, Governor Patrick signed into law
"An Act Relative to Trusts for the Care of Animals."
This act allows an individual the opportunity to expand their estate
planning to include an enforceable trust under Massachusetts law, to
provide for the benefit of one or more specific animals. The
new act will be codified at section 3C of Chapter 203 of the General
Laws and will be effective ninety days after its enactment.
Prior to the enactment of this law, pet owners had few options as to
how to provide for their beloved pets after their owners died.
This Act provides that a trust established for the care of one or
more animals existing during the settlor's life is valid following
his/her death. The trustee(s) may use the income and principal
for the benefit of the designated animals, but cannot access any
trust property other than for the payment of reasonable trustee fees
and administration expenses.
For more information regarding this Act, and/or to
establish a trust for your beloved pet, please consult an attorney to
include it as part of your estate plan.
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DID YOU KNOW. . . ?
1. If you have receive your child support through
an implemented wage assignment through the Department of Revenue, or
you pay child support through a wage assignment, you are able to view
your account online? You are able to obtain a PIN number from the
Department and view your account, including payments, online.
2. If you feel the Department of Revenue's records
are incorrect you can request an administrative review? That
review must be completed in writing.
3. There is a Department of Revenue website, www.mass.gov/cse,
where you can obtain information and many forms?
4. That if the Court
orders child support paid to you, you are able to elect to have the
Department collect the child support on your behalf? It is the
recipient's decision, not the payor's decision.
5. That if the parent
obligated to pay child support directly to you fails to do so, you
can request that child support be paid directly to the
Department? You need to complete a form for services available
online or at a DOR Office.
6. That there are two DOR
offices in Brockton? One is on the second floor of the
courthouse at 215 Main Street, and the other is at 110 Mulberry
Street.
7. That if you receive
services from the Department of revenue, there is a DOR
representative assigned to your case? You can either call DOR
or inquire at one of the offices for that information.
8. That if you move out
of Massachusetts, DOR is able to work with the similar department in
your new state to insure you receive your child support? Keep
DOR informed as to any and all address and employment changes.
9. That if child support
is ordered to be paid by wage assignment, it may take a few weeks to
establish your account and for you to receive the money? The
employer must be notified, and it takes time to set up the
account. The child support must be made to the Department, and
it is "held" until the account is established, and then all
monies in your account will be released.
10. That if a person is
self employed you can still have DOR service your account? The
payor has to submit payments directly to the Department, and the
Department will collect the monies for you, and then release them as
they receive them.
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Questions? Comments?
Feel free to visit our website or email the
office.
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If anyone has a topic that would be of general interest, please do not
hesitate to contact the office and let us know what items would be of
general interest to the readers of this newsletter.
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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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