Cooley Shrair Blog, News & Events

What Counts As Income In Calculating Child Support?

June 16, 2016

Divorce & Family Law

In the current economy, people support their families in many different ways. In addition to traditional employment where people earn a salary or wage, there are many other means by which people earn income.  Some people are self-employed and are able to pay for certain living expenses through their companies.

What is Marital Property

June 16, 2016

Divorce & Family Law

Marital property is property that a couple acquires during a marriage.  Separate Property is property that one spouse owns before marriage or acquires by gift or inheritance during the marriage.  All people getting divorced in Massachusetts must divide their marital property as part of the divorce process. Sometimes parties can agree on what is marital property and how to divide it.  Other times, it can be hard to determine what is marital property because the couple has been commingling separate property and marital property.

Filing for Custody

June 16, 2016

Divorce & Family Law, Podcast

Parents can ask the court to grant them sole or shared custody.  If the parents are unmarried, an unmarried mother has sole legal and physical custody of her child until the court orders otherwise.  The father must then establish paternity unless the parties voluntarily agree on paternity.  If the parents are married, both parents share legal custody of the child and equal rights to parenting time until a court orders otherwise.  The court can decide the parenting schedule and include details of how much time the child physically resides with each parent, and who can make important decisions about education or medical care. The court makes all decisions concerning custody and visitation by looking at what is in the best interest of the child.

Child Custody and Visitation

June 16, 2016

Divorce & Family Law, Podcast

There are four different types of legally defined custody: Sole Legal custody, shared legal custody, sole physical custody and shared physical custody. Legal custody is who has responsibility for making major decisions regarding the child, such as education and medical care. Physical custody is where the child is actually living on a day to day basis.  Sole physical custody is when the child is living with one parent.  This is usually subject to reasonable visitation by the non-custodial parent.  Shared physical custody means the children have periods of living with each parent.  It is best if parents can agree on custody of the children, but if they cannot, the court will determine custody based on what is in the best interest of the child.

Termination of Domestic Workers

June 16, 2016

Employment Law, Podcast

On April first, two thousand fifteen, the provisions of the new Massachusetts domestic workers protection act went into effect.   Domestic workers terminated without cause are entitled to certain advance notice or severance pay which is more if they actually reside in the home.  If they work at least forty hours a week they must get twenty-four consecutive hours off each week and forty-eight consecutive hours off each month, and they can only agree to work on their day of rest if in writing and are paid overtime.  There are other rights regarding things like pay for being on duty and for meal, rest, and sleeping periods and for written evaluations.

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