Briones Law Group Blog

Out of State Child Support Modification

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

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

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

The Trials of Virtual Court

As you may or may not be aware, the Courts have made some adjustments in response to the COVID-19 crisis. Imperfect as they may be, they are made in an effort to proceed with as much normalcy and efficiency as possible. Procedures vary from Court to Court, so if you have not received specific instructions for your hearing, contact the court to determine if your matter will proceed telephonically, via Zoom, or in person. If

Divorce When Only One Partner Lives in Massachusetts

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

Follow These 5 Steps if You’re Involved in a Serious Automobile Accident

Despite advancing technology in auto safety, millions of car accidents still result in injury. If you’re involved in an automobile accident in Massachusetts, there are several steps to protect your rights and maximize your payout. Knowing how to navigate an experience resulting in a personal injury or property damage can go a long way in helping you recoup medical bills, lost wages, and pain and suffering damages. To help you prepare, here are five tips

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

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

Property Division, Retirement Assets and Divorce

In a divorce, there will be an equitable division of marital assets and marital debts. So, what constitutes a marital asset? Marital property is an all-encompassing term that covers anything that was acquired, or accrued value during the marriage, regardless of whose name is on the account. Many people are surprised to find out that this includes retirement assets. If you have paid into your retirement account during the marriage, then your spouse is entitled

Modifying Child Custody Agreements: For Safety’s Sake

Final Judgement, Not Final Word In awarding custody, the goal of a family court, above all, is the safety and wellbeing of the child or children involved. One of these factors is consistency, so courts will be hesitant to change what is called a “final” custody order. While it is possible for later modifications to be made, unless both parents agree to the changes, this is a protracted process. One exception is when there is

10 Questions To Help You Create Your Will

Creating a will not at the top of your to-do-list? Maybe it should be! Creating an estate plan is one way to ensure your family is taken care of, and your wishes are carried out in the future. Having a will isn’t just for the uber-rich or elderly. In fact, everyone should have a will regardless of your marital status, age, or the size of one’s estate. When writing out your will, many considerations need

Civil Matter – Litigation regarding assets acquired in a relationship

Our client ended a relationship in which significant assets were purchased together, including a home. Our client’s position was that her income alone had paid for the property in dispute. The defendant, her ex-partner, argued that these assets should be split evenly. The defendant claimed both parties contributed equally to the purchase of these items. Through discovery, we were able to uncover the money trail. At mediation, we presented the facts: all the funds had

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