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Custody

ARC vs. GAL vs. Parenting Coordinator

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, parenting time; and requests for in-state and out of state removal relative to the parties’ children. A guardian ad litem may be a licensed mental health professional with a focus on working with divorcing couples and their children, or may also be an attorney who has undergone additional training to work with children and their families. A guardian ad litem interviews the children, their parents, and other collaterals, such as medical providers, teachers and other individuals with first hand knowledge of the issues presented to determine what is in the children’s best interest. The GAL will then present these findings in a written report to the court. In a divorce, either party or both parties may request the involvement of a GAL, or the court may order the appointment of one to determine the children’s best interest. The cost of

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Divorce Facts Every Massachusetts Couple Should Know

Whether you’re anticipating a separation or contemplating divorce, you should know some key information regarding divorce in Massachusetts. Reasons for Divorce There are several permitted grounds for divorce under Massachusetts law. Traditional fault grounds—such as adultery or incarceration—as well as no-fault grounds, are justifiable means for divorce. No-fault grounds describe a faultless but irretrievable breakdown of the marriage. Support Payments Spousal support or alimony payments are the obligations of one spouse to support the other financially for a temporary or permanent basis. Not all divorce cases will involve spousal support ruling and are determined on a case-by-case basis. A number of factors are taken into consideration when awarding alimony, including the length of the marriage, the conduct of the parties during the marriage, each spouse’s age, health, and ability to earn an income. The court may also consider the contribution of each party in the acquisition, preservation, or appreciation in the value of their respective estates. Each party’s contribution as a homemaker to the family unit will also be considered. Child support guidelines are considered when determining the order of child support payments made by either spouse. The Percentage of Income formula is typically used as a Massachusetts child support guideline to calculate the support obligation. The number of children needing support, as well as each party’s income, plays a role in the allocation of child support payments. The courts also have the ability to deviate from traditional guidelines if ordered payments can be proved to be too burdensome. Custody

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