What's the difference between Massachusetts divorce laws and Massachusetts divorce statutes?

Semantics, really. Massachusetts divorce laws and Massachusetts divorce statutes are the laws on the books in this state. They are one in the same for these purposes.

A child still living at home and dependent on that parent financially is maintained by child support until age 21. The court may make appropriate child support orders for any child who has attained age twenty-one but who has not attained age twenty-three, if that child is domiciled in the home of a parent, and is principally dependent upon that parent for maintenance due to the enrollment of that child in an educational program.

With a judgment of divorce and child support amounts set, does that mean that that amount is fixed and can't be changed? If my ex loses his job (he does frequently) can he lower payments?

Does Massachusetts allow for an automatic increase in child support to offset inflation each year, or is the amount going to remain the same unless or until I go back to court?

No, for child support (or alimony for that matter) there is no automatic COLA or cost of living adjustment. The wise client and his or her attorney will be sure to have an annual adjustment of child support or alimony in the final order.

What about health insurance? I won't receive enough support to pay for health insurance too. Can we get the spousal support raised to cover insurance premiums?

The court will address health insurance with child support. Often one parent already has insurance and a court will order that to continue. If there is is no health insurance the court will determine if it can be afforded and who will pay. It won't be "added" to child support amounts though. Child support is a separate issue.

Child support amounts will be calculated using the guidelines outlined in divorce laws. Look for the child support link above this paragraph, click that on, and follow the instructions.

Most certainly he cannot. Bankruptcy laws are federal laws, prohibiting child support (and some other obligations) from being discharged and removed from his credit file. Child support must be paid no matter what avenue he chooses. Click on the Child Support Assistance link above. They will pursue him for you.

The ex is way way behind on child support. He either quit his job or lost it and I can't reach him by phone. I don't have money to pursue the arrearage in court with a lawyer. How do I get help to get my kids' money?

You can do this yourself (it's called acting pro se). What you want is called a contempt proceeding. Go to your Family Court and ask for assistance in filling out the forms. Explain you want back child support. Someone will help you. There may even be an attorney there to assist you. If you need to ask questions about child support by phone, contact the Mass. Dept. of Revenue Child Support Enforcement at (800)332-2733. They have a physical address at: 141 Portland Street, Cambridge, MA 02139.

No, child support payments are not taxable to the recipient, nor are child support payments deductible to the sender. You may be thinking of alimony, which is taxable to the recipient and tax-deductible to the sender.

Massachusetts is similar to other states, where the state expects its courts to make divorce, child support and child custody decisions that place the child or children's' interest first, and make the parents and others' wants and needs secondary.

Child custody (or who gets the child) is granted to one parent or both parents following a divorce or separation. Nearly all (90%+) of custody cases get settled by the parties during the divorce process. Courts intervene and determine custody where parents cannot agree. Factors the court will consider when determining custody may include: the health, lifestyle, and financial situation of each parent as well as the child’s age, gender, health, current living situation, and relationship with each parent. Court may consider statements made by older children and teenagers regarding which parent they would prefer to have custody. In cases where one parent is not clearly favorable over another based on these criteria, a premium is placed on maintaining stability in the child’s lifestyle and routine.

Primary custody is generally awarded to the parent that stays in the home with the child. That is normally Mothers. Courts also, in general, tend to award primary custody to Mothers in more than three-fourths of all cases. Judges are instructed that one gender should not be favored over another, but judges favor Mothers nonetheless. See above answers for a child wanting to live at the other parent's.

Massachusetts laws allow the following custody arrangements: Legal Custody - The right of a parent to make decisions about a child's upbringing, Physical Custody - The right of a parent to have the child live with him or her, Sole Custody - One parent has both legal and physical custody of a child and Joint Custody - Both parents share legal custody, physical custody, or both.

Massachusetts laws are intended to be gender-neutral. Courts have a bias in favor of Mothers though. Visitation (or the Parenting Plan) is something you and your spouse can determine on your own, or with the help of mediators and/or your attorneys. If you are unable to agree, the court will intervene and impose a schedule.

Expect alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer. Massachusetts divorce laws specify that having both parents in a child's life is the preferable scenario.

Yes, two choices here. You can privately change the details of your parenting plan with your spouse, or either of you can petition the court for a modification. Typically modifications are granted when conditions or situations change significantly. So get your spouse to agree, or take he/she back to court. Put any adjustments between you two in writing.

Yes. Speak with your attorney about getting verbiage into the agreement that addresses the details of visitation, such as who picks up and drops of the child, where it will happen, what will occur if someone is late, exchanging weekends with the other parent, what to do if another partner comes on the scene and how much or what type of exposure to your child is appropriate. This would include if your ex has a romantic partner stay overnight with the child visiting. The more you get in writing, the less disagreement later. make sure there is a radius clause preventing the custodial parent from moving more than a pre-determined amount of miles, such as 50 or 75.

My soon-to-be ex claims he won't be paying me alimony or spousal support, although we both agreed I'd stay home and raise the kids while he pursued a career. Am I out of luck?

No, you are not out of luck (although you could have picked a better state to divorce in). Alimony in Massachusetts is not based on statutes because there are no statutes covering this issue. Case law is the basis for alimony, and it isn't friendly to dependent spouses. In fact, in some cases, if your ex should marry in the future and be a Massachusetts resident, that their spouse could be held liable for a portion of the new spouse's alimony obligation. Courts look at the contribution each made to the marriage when determining alimony (spousal support).

Can I get alimony or spousal support right after we separate and before we divorce? I have no job, no income and lots of bills.

Yes, courts will order temporary alimony for the duration of the divorce process, or make alimony for a certain period (number of years). Courts in recent years are less inclined to order lifetime alimony but rather rehabilitative alimony so that the dependent spouse has a timeframe in which to become self-sufficient.

Firstly, save yourself some legwork. An annulment "undoes" a marriage, meaning the marriage never should have taken place, and that the marriage is a void or voidable marriage. You will want an annulment if you were defrauded, deceived, lied to, was underage or coerced into marriage. Otherwise filing for a divorce is the direction you need to go in. Divorce ends a marriage. Annulments make it disappear.

I was underage when I got married. Is the marriage void? Does it automatically get voided or annulled, or do I need to do something?

Underage marriage is a valid ground for annulment. The marriage is void, but it may make sense to go through the annulment process anyway, for legal reasons. You don't want to get caught accused of bigamy if you were to marry later on. Speak with an attorney.

If the court determines that there is potential for agreement using mediation or counseling, it will order the parties to do so, especially if a divorce can be avoided. The court can, at any time prior to the decree, require that the parties submit themselves to mediation or counseling. When the parties file for divorce under the no-fault provisions of irretrievable breakdown of the marriage, the court may at any time (also prior to the decree) issuance of the judgment of divorce require the parties to participate in family or marriage counseling.

No, Massachusetts family laws do not officially recognize a legal separation (also known as a marital separation), although physically separating is a legal act of separating your lives. A separation of husband and wife in Massachusetts can mean any number of situations, however, with each of them including that the pair are no longer sharing a residence together. A Separation Agreement, a written agreement signed by the husband and wife, can and should be drawn up and be made a part of either a formal divorce or part of orders for support and custody.

During the divorce process, Massachusetts affords you the opportunity to reach a divorce settlement of your marital assets and debt. If you are unable to reach an agreement, the court will impose its interpretation of "equitable distribution" In either case, one may want to remove any non-marital property (property you inherited during the marriage if segregated properly) and any property you may have entered the marriage with from the home.