Articles Archives - Law Office of Kim-Marie Phelan, LLC

Out of State Child Support Modification

Law Office of Kim Marie Phelan

Child Support and Out-of-State Issues Whether one parent is living just over the Massachusetts border in New Hampshire but still commutes to Boston every day, or whether the one parent is living on the West Coast while the children live with the other on the South Shore, issues of state jurisdiction may come into play when seeking to modify a Massachusetts child support agreement. Changing Circumstances, Modifying Orders In Massachusetts, child support is governed either by temporary orders or by final judgments. Temporary orders govern the terms of child support while there is still open legal action in process to establish a final judgment. The term “final judgment” is something of a misnomer. “Final” does not mean that the judgment can never be altered again. A child support final

How can I establish paternity if my child’s mother is married to someone else?

Law Office of Kim Marie Phelan

A father petitioning for paternity needs to have a full understanding of the legal process. Fathers who are unmarried in the Commonwealth of Massachusetts can establish paternity in two ways. The first route is a voluntary process that utilizes a form known as a Voluntary Acknowledgement of Parentage. This is a document signed by both the child’s mother and father, confirming the singing male is the legal father. This form is typically presented to the parents at the hospital when the child is born. The second route is through an involuntary process, which involves filing a complaint to establish paternity. However, if the mother was married to someone else when

Divorce When Only One Partner Lives in Massachusetts

Law Office of Kim Marie Phelan

Many married couples live separately, even across state lines, for reasons which have nothing to do with the health of their marriage. However, when living across state lines from each other, couples may find their marriage at a crossroads and begin considering divorce. Perhaps distance has created serious problem in the relationship or laid bare preexisting problems. Perhaps one partner has moved away, even across state lines, as part of a trial separation. Or perhaps a history of domestic violence and a need for safety has compelled one spouse to put considerable distance between his or her person and the other spouse. As the coronavirus pandemic continues to disrupt life,

Get the Facts About Parental Rights, Paternity Testing, and Child Support

Law Office of Kim Marie Phelan

As far as the Massachusetts courts are concerned, both mothers and fathers have legal rights and obligations when it comes to children. However, a child born to unmarried parents doesn’t automatically have a legal father. The mother is given sole legal and physical custody until paternity is established. For married couples, the husband is presumed to be the biological father and is responsible for financial obligations. As a presumed father, if you believe you are not the biological father, meeting with an attorney to rebut presumed paternity is a time-sensitive matter and needs to be addressed as soon as possible. In order for an unmarried biological father to be established,

Divorcing During COVID-19

Law Office of Kim Marie Phelan

When your relationship is already strained, living under quarantine conditions can quickly shed light on a troubled marriage. Whether you’ve been contemplating divorce for a while or the stress of recent events has become the straw to break the camel’s back, so to speak, our attorneys can help you understand the divorce process and your options. During these unprecedented times, we are all taking a look at our lives and examining our relationships. Perhaps the tiny cracks in your relationship have turned into irreparable gaping holes. With a newfound outlook on how we see our futures, some couples may decide to part ways. If you’re among those wondering if you

Staying Safe and Saying NO to Domestic Abuse During COVID-19

Law Office of Kim Marie Phelan

Strict stay-at-home orders implemented for safety have placed abuse victims directly in harm’s way. Safety measures recommended to limit the spread of the coronavirus pandemic have led to a rise in domestic abuse. For many, this is not a surprise as domestic violence goes up whenever families spend more time together. With families in quarantine and isolation worldwide, stress-levels are at an all-time high. The uncertainty of the future can increase anxiety for many. Coupled with unemployment and financial stress, tension among households is sure to rise. With the children at home all day, empty refrigerators, low bank funds, and forced interactions, families everywhere are facing conflict, creating the perfect

Co-parenting in the Face of Coronavirus

Law Office of Kim Marie Phelan

Amid the spread of COVID-19, we are all facing unprecedented times. As this pandemic continues, regulations regarding safe practices change daily. One thing on the mind of parents sharing custody is whether or not their court order is enforceable. Rest assured, custody, parenting plans, and placement are in effect and continue to be enforceable during this period of time. Court-ordered arrangements remain obligatory and should be followed accordingly. Any parent planning to use the pandemic as a reason to deny access to another parent can expect the courts to come down hard on parent agreement violations. Many judges view time of crisis to be particularly critical times for children to

ARC vs. GAL vs. Parenting Coordinator

Law Office of Kim Marie Phelan

Divorce, even in the most amicable situations, can be difficult for children. When divorce is not so amicable, and courts get involved, this can add to the stress of the situation. A courtroom environment can intimidate children old enough to understand the proceedings and overwhelm children too young to grasp exactly why they are there. Luckily, there are a variety of legally recognized advocates for children available in Massachusetts courts: a guardian ad litem, an attorney-representing-children, and a court-appointed parenting coordinator. 1. Guardian Ad Litem A guardian ad litem (GAL) is an individual appointed by the court to investigate, report and at times make recommendations as to matters of custody,

The Massachusetts Divorce Process: Know Your Options

Law Office of Kim Marie Phelan

The decision to file for divorce is never easy. When the determination has been made, it’s essential to understand the process, which varies by state. To begin the divorce process in the Commonwealth of Massachusetts, here are a few things to consider. To file for divorce in Massachusetts, one of the following must apply: (1) you have lived in the state for one year, or (2) the reason the marriage ended happened in Massachusetts, and you have lived in Massachusetts as a couple. Massachusetts allows a divorce to be filed as ‘no-fault’ or ‘fault,’ and either of these can be contested or uncontested. A no-fault divorce is called an “Irretrievable

Don’t Fall Victim to Hidden Assets During Divorce

Law Office of Kim Marie Phelan

When it comes to divorce in Massachusetts, everything related to finances must be fully disclosed. This includes every single asset, purchased together or otherwise, as well as all accumulated debts. Each spouse is instructed to report known findings through a financial affidavit. It is against the law to purposely hide, understate, or overstate assets, as well as any marital property, debt, income, or expense. In extreme cases, this can potentially lead to the withholding party being sentenced to serve time in jail. If you suspect your spouse of attempting to hide assets, it’s imperative to retain a divorce lawyer who has significant experience discovering hidden or undervalued assets. A top-notch

Law Office of

Kim-Marie Phelan LLC

Articles

Out of State Child Support Modification

How can I establish paternity if my child’s mother is married to someone else?

Divorce When Only One Partner Lives in Massachusetts

Get the Facts About Parental Rights, Paternity Testing, and Child Support

Divorcing During COVID-19

Staying Safe and Saying NO to Domestic Abuse During COVID-19

Co-parenting in the Face of Coronavirus

ARC vs. GAL vs. Parenting Coordinator

The Massachusetts Divorce Process: Know Your Options

Don’t Fall Victim to Hidden Assets During Divorce

Categories

Law Office of
Kim-Marie Phelan

Our Facebook Feed

Find Us

Law Office of Kim-Marie Phelan LLC

Serving Four Counties

Get A Case Evaluation

Articles

Categories

Tags

Law Office ofKim-Marie Phelan

Our Facebook Feed

Find Us

Law Office of Kim-Marie Phelan LLC

Serving Four Counties

Get A Case Evaluation

Law Office of
Kim-Marie Phelan