Both spouses can share in gift from husband’s family

A recent South Dakota case makes clear that a gift to a married couple from one spouse’s family will count as a gift to both of them in the event of a divorce, even if the benefactor later claims he or she intended otherwise The case revolved around South Dakota land that had been in Dennis Ryland’s family since 1878, when his great-grandfather homesteaded it. Ryland had only one child, who had moved away from South Dakota and had no interest in coming back to farm the land. In 2006, when the farm was worth nearly $2 million, Ryland decided
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Mom can’t move kids away without consent of court

A mother who wanted to move her kids 90 minutes from their father, who shared joint custody, couldn’t do so without the court reviewing the children’s best interests, a South Carolina appeals court recently ruled. The couple divorced in June 2014 and had joint legal custody and joint week-to-week physical custody of their two children. Neither parent paid child support, although the mother, who apparently earned more money, provided medical insurance and childcare costs. The order also barred either parent from having their children overnight in the presence of members of the opposite sex. A year after the divorce the
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When to Modify Your Divorce Agreement

How long has it been since you terminated your marriage? Have your circumstances changed since then? While your divorce may last forever, your divorce agreement can change over time. There are many reasons to consider modifying your divorce agreement. Some examples include: a significant change in income that will impact child support or alimony payments a job change requiring a move needs of aging children the remarriage of the party awarded the alimony Child Support Modifications With regard to child support, you can request to modify your original order. Regardless of changing circumstances, under the child support guidelines, you are currently entitled
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Court OK’s prenup-turned-post-nup

Prenuptial agreements are a useful way for a soon-to-be-married couple to protect assets they are bringing into a marriage. Essentially, these are contracts that lay out exactly what each spouse is entitled to (and obligated to) in the event of a divorce. If you and your soon-to-be-spouse are considering such an agreement, be sure to work with an attorney who can make sure it’s properly executed. Otherwise it may not be enforced, as nearly happened in a recent Michigan case. In that case, Carla Skaates and her husband Nathan Kayser lived together for before getting married. Skaates had a dental
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What to do when your ex refuses to comply with your parenting schedule?

Going through a divorce can be an emotionally draining process. The hope is that once all of the issues (such as child support, spousal support, division of property and agreeing to a parenting schedule) are resolved, you can finally move forward. Unfortunately, this isn’t always the case as the emotional baggage that accompanied the divorce can remain when dealing with an ex. When you’re facing the frustrating reality that your ex simply won’t comply with your legally binding agreements, whether that be alimony payments or a parenting schedule, you have options. You can attempt dispute resolution through mediation or the
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Massachusetts Grandparents, Know Your Rights Regarding Visitation and Custody of Your Grandchildren

When it comes to grandparents’ rights, Massachusetts laws can be tricky to navigate. However, grandparents do have financial, visitation, and custody rights under certain circumstances. To utilize such rights, legal assistance might be necessary to help you take action. Grandparents today are frequently faced with decisions about what is best for their grandchildren under challenging situations. Whether seeking visitation or custody, grandparents can take legal recourse when it is in the best interest of the child/children. Visitation Rights Grandparents who are denied visitation with their grandchildren have a legal right to petition the court. However, grandparents are required to prove
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How to Land on Your Feet After Divorce

Divorce takes a toll emotionally, physically, and mentally on everyone involved. It’s not uncommon for individuals going through a divorce to want to curl up in bed all day and abandon all responsibilities. As tempting as this sounds, it’s not practical. In fact, doing so can even make things worse. The first step to landing on your feet after divorce is finding acceptance. Just because you’re making the right decision to split up with your partner, doesn’t mean it’s easy.  Accepting your post-divorce life means making adjustments to handle new and different social norms and lifestyle changes. This will look different for everyone. However, there are
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Child Support Modification When One Parent Resides in a Different State

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 in the Merrimack Valley, issues of state jurisdiction may come into play when seeking to modify a Massachusetts child support judgment or temporary order. Changing Circumstances, Modifying Orders In Massachusetts, child support is governed either by temporary orders or by final judgements. Temporary orders govern the terms of child support while there is still open legal action
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Is a house purchased by one spouse prior to the marriage a marital asset for divorce purposes?

The determination of which assets are part of the marital estate for division of asset purposes during the divorce is not always a simple cut and dried answer. There are many factors that the Court takes into consideration when deciding if a specific property is part of the marital estate and, if so, how it gets divides during the divorce. The short and simple answer is that the marital home can be included as part of your divorce settlement even if it was purchased prior to the marriage or relationship by one spouse. There are a wide range of factors
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