Product Description

Recent updates:

• Update: April 2023

  Dear Subscriber:

  Thank you for updating your library with the latest version of Massachusetts Divorce Law Practice Manual. This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

  Highlights from the 2023 edition include

  • amended procedures in the Probate and Family Court regarding virtual hearings and registries and interdivisional and interdepartmental case transfers;

  • discussions throughout the book of the Supreme Judicial Court's decision in Cavanagh v. Cavanagh , 490 Mass. 398 (2022), which addressed the calculation of alimony and child support and continues to be reviewed and implemented by the Massachusetts courts;

  • important amendments to the Massachusetts Child Support Guidelines effective October 2021, including, for example, a specification of three options for parenting time ("shared," two-thirds, and "split"), adjustment of the benchmark child-care cost amount based on the number of children, elimination of the previous 15 percent cap on the health-care credit, and adjustments to the treatment of overtime and income from a secondary job;

  • caselaw addressing when to increase the duration of alimony to reflect a premarital period of cohabitation;

  • newly added guidance on the selection of guardians ad litem (GALs), discussing the importance of designating an alternate GAL, the distinction between Category E and Category F GALs, securing a GAL during periods when they are in short supply, and use of a special GAL to waive or assert the psychotherapeutic privilege of a minor child;

  • the preparation of financial statements and cross-examination on any discrepancies;

  • recent Appeals Court cases on the calculation of alimony;

  • guidance on e-filing procedures in the Probate and Family Court and variations in procedures among counties;

  • recent cases on improper coaching of witnesses during depositions;

  • an amendment to the Massachusetts General Laws bringing the state's taxation of payors and recipients of alimony in line with federal practice under the Tax Cuts and Jobs Act;

  • inflation adjustments to selected dollar amounts in the Bankruptcy Code;

  • a Supreme Judicial Court decision on the allocation of postseparation debt;

  • the suspension of Standing Order 2-16, which required attendance at an approved parenting education course;

  • an Appeals Court decision addressing circumstances where a noncustodial parent living out of state seeks custody of a child and permission to remove the child from Massachusetts; and

  • Appeals Court decisions on the enforceability and interpretation of premarital agreements.

  The book's ethics commentary has been updated throughout to reflect recent changes in the Massachusetts Rules of Professional Conduct and other developments in the area of professional responsibility.

  WWe trust you will find this updated version of the Massachusetts Divorce Law Practice Manual an invaluable resource for your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Introduction

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Alice A. Kokodis, Esq., Littler Mendelson, PC

Checklist 1.1

- Checklist of Statutes to Consider When Reviewing a Leave or Accommodation Request Buy Form

Exhibit 1A

- Leave and Accommodations Laws: Comparison of Benefits Buy Form

Exhibit 1B

- Family and Medical Leave Act and Massachusetts Parental Leave Act: Chart of Key Statutory Provisions Buy Form

Chapter 2 expand

Leaves and Reduced Work Schedules

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Deepa K. Desai, Esq., Fisher & Phillips LLP

Checklist 2.1

- Determining Which Legal Entitlements Apply When an Employee Requests Time Off for Medical Reasons Buy Form

Checklist 2.2

- Is Extended Leave a Reasonable Accommodation Under the Circumstances? Buy Form

Checklist 2.3

- Employer Policies for Leave Buy Form

Chapter 3 expand

Job Transfer, Reassignment of Duties, or “Light Duty” Positions

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Ellen E. Lemire, Esq., Littler Mendelson, PC

Chapter 4 expand

Technological and Other Types of Assistance

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Alexa Esposito Allen, Esq.,

Chapter 5 expand

Altering the Physical Environment

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Chapter 6 expand

Modifying Methods of Supervision or Evaluation

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Sally L. Adams, Esq., Law Office of Sally L. Adams
Joseph W. Ambash, Esq., Fisher & Phillips LLP
Monica Snyder Perl, Esq., Fisher & Phillips LLP

Chapter 7 expand

Hiring and Termination

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Shea A. Miller, Esq., Littler Mendelson, PC

Chapter 8 expand

Workers’ Compensation Issues and the Interplay of Other Leave and Accommodations Laws

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Catherine B. Kramer, Esq., Lang, Xifaras & Bullard, PA
Scott W. Lang, Esq., Lang, Xifaras & Bullard, PA

Checklist 8.1

- Intake and Analysis of Potential Workers’ Compensation Client Buy Form

Editor(s)

Author(s)