Wellesley Family Law Blog

Man arrested 12 times for failure to pay child support

People in Massachusetts who learn they will soon become a parent are filled with dreams of their newborn baby and how wonderful life will be. While there is no joy like that of seeing a child for the first time, parents soon realize the financial and physical toll of caring for a small child. These difficulties are sometimes complicated when parents are no longer together. Additionally, one parent's failure to provide court-ordered child support could negatively impact his or her child; therefore, these parents could face a variety of penalties.

One father who authorities claim has a history of failure to pay child support has recently been arrested. Reports indicate that the man has now been arrested 12 times for his failure to make court-ordered payments. He has reportedly owed more than $100,000 for the past five years.

Massachusetts senator proposes law to ban sex during divorce

Many people who have been through a divorce know that while, there can be somewhat peaceful proceedings, a divorce can also be complicated by bitterness and animosity. One senator in Massachusetts has recently proposed a law dealing with when a person can start a new romantic relationship that could add more complexity to divorce proceedings. However, Senator Richard J. Ross claims that he does not necessarily agree with the bill he has proposed.

The law, Bill S787, was proposed almost a year ago. If it passes, it would limit the sexual and other romantic activity of a person going through a divorce if children are involved -- at least for one of the parties! The person who remains in the family home with minor children cannot conduct a romantic relationship in the home until the divorce, including custody and financial issues, is complete. The person could participate in such a relationship, however, if written permission is given by a judge.

Johnny Weir reaches temporary agreement in same-sex divorce

People in Massachusetts are used to seeing Johnny Weir in the news for his involvement with figure skating. However, he has recently become the subject of the media's attention due to his decision to initiate same-sex divorce proceedings. Reports indicate that Weir and his estranged husband, Victor Voronov, have recently come to a temporary agreement regarding their impending divorce.

Custody of their dog was one of the many things settled in the agreement that will go into effect in early April and last until the case goes to trial, is settled or either party requests a change. Under the agreement, Weir will have the dog for three weeks of the month while his husband will have custody for one. If either person goes out of town for more than three days, the other spouse will have the option of having custody during that time.

Man arrested on golf course because of missed child support

At this time of year, people in Massachusetts are thinking about their taxes, as the final deadline for filing approaches. Once they have their documents collected and filed, some begin to wonder how they will spend their tax return if they are entitled to one. Unfortunately for one out-of-state man who is allegedly behind on child support payments, any plans he may have had for his tax refund may have led to his arrest.

The 47-year-old man reportedly owes approximately $25,000 in missed child support payments. His ex-wife apparently informed the sheriff's department that the man had planned to flee the area once his tax refund was received. As a result, sheriff deputies arrived at his home to speak with him.

Child custody could affect income tax filings

Couples who have decided to divorce have many decisions to make. Some of these decisions are well-known -- ownership of the house, custody of the children, child support and alimony. However, many people do not fully realize the impact that their divorce could have on other aspects of their life. Some people in Massachusetts may initially overlook the impact that their child custody agreement could have on the amount of federal income tax they are required to pay.

After a divorce, only one parent may claim a dependent in order to obtain a tax exemption for a dependent child. The Tax Code seems to be pretty straightforward on the surface -- the custodial parent is allowed the exemption. However, as the courts seem to be leaning more toward joint custody, and children spending time more equally with both parents, the issue can become somewhat complicated. In those cases, the parent that the child spends the most number of nights with gets the exemption.

Failure to make child support payments could lead to jail

People have many responsibilities in their life. Some would argue that a person's number one responsibility should be to their children. The vast majority of parents in Massachusetts take this responsibility seriously and do everything in their power to ensure the well-being of their children. Unfortunately, unforeseen circumstances can leave a parent unable to make court-ordered child support payments. In order to prevent repercussions such as imprisonment, there are actions that can be taken.

One man is learning first hand the potential complications of failing to make child support payments. The 49-year-old man has recently been sentenced to up to six years in jail. Upon completion of this sentence, he has been ordered to pay approximately $39,000 in child support payments.

Medical insurance less of an issue in Massachusetts divorce

There are many reasons people choose to stay in an unhappy marriage. They might try to stay together for the sake of their children. Their religious beliefs may forbid a divorce, or they may postpone one due to their financial situation. However, recent changes in laws governing healthcare in the United States may alleviate some of the financial stresses for someone in Massachusetts or elsewhere who has been hesitant to seek a divorce due to financial concerns related to insurance coverage.

A major financial concern for someone seeking a divorce is health insurance. This was especially a concern for a spouse with a preexisting condition who relied on insurance coverage through their spouse. Previously a divorcing spouse could make significant concessions during the divorce process in order to retain insurance coverage, or they could seek coverage through COBRA, a law that provides insurance for up to 36 months after a judgment of divorce is entered. After that time period, one might end up paying for expensive, single coverage that could potentially be dropped at any time.

Fight for same-sex marriage spreading across the country

Massachusetts has long been a state that has set the standard for same-sex marriage. Since it legalized same-sex marriage, several other states have followed. Proponents argue that it is a basic right that should not be denied. Since the Supreme Court ruled on the Defense of Marriage Act in 2013, litigation regarding same-sex marriage has exploded due to the hope that the unconstitutionality of bans could be successfully argued.

Currently, there are 33 states that ban same-sex marriages. Of those 33, there have been lawsuits filed in 25 of them. Proponents of same-sex marriage have seen some degree of success.

Federal government adds more rights to same-sex marriage couples

The path to equality has been a long, slow battle for some groups in this country. However, recent court rulings are increasingly providing more and more rights to same-sex couples, even for those couples who live in states such as Massachusetts that have allowed same-sex marriage for years. In a recent speech, U.S. Attorney General Eric Holder outlined several federal benefits that will be applied to couples who have obtained a legal same-sex marriage.

The application of the benefits is a result of the Supreme Court's recent decision to strike down the federal law that defined marriage as between a man and a woman. As a result, Holder now claims that many rights given to heterosexual spouses will now apply to same-sex couples. Specifically, federal prisoners in a legal same-sex marriage will have the same rights as opposite-sex couples. Additionally, these couples can jointly file for bankruptcy and cannot be forced to testify against their spouse.

Woman denied same-sex partner adoption of legal son

In the majority of circumstances, the arrival of a new baby is longed-for, sought after and happily anticipated. The extreme joy that most parents experience at the arrival of their brand new bundle of joy is often difficult for those who do not have children to fully understand. However, some of that joy is dampened for same-sex partners. While couples in Massachusetts may have a somewhat easier time because their marriages is recognized by the state, compared to same-sex couples where same-sex marriage is banned, they may encounter complications if they leave the state. One couple in a nearby state wants to reduce some of these potential complications by seeking a same-sex partner adoption even though the non-biological parent is recognized as a legal parent in their current state.

The couple welcomed a son together in 2013. One of the parents is the child's biological mother. Because the women's marriage is recognized in their state, the non-biological mother is legally recognized as the boy's parent.

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