Fields and Dennis LLP

  • Our Firm
    • Our Approach and Philosophy
    • News and Media Coverage
  • Attorneys
    • Sheryl J. Dennis
    • Jonathan E. Fields
    • Vicki L. Shemin, J.D., LICSW, ACSW
    • Hugh F. Ferguson, Ph.D.
    • Andrea E. DeLaney
    • Wendie E. Murstein
    • Jonathan Crafts
    • S. Robert Fish, Jr.
    • James E. O’Connell, Jr.
    • Support Staff
      • RIKKI B. SAKSIK
  • Practices
    • Online Divorce Mediations
    • Fledgling Estate Plan for Millennials
    • Family Law
    • Divorce
    • Dispute Resolution
    • Estate Planning
    • Elder Law
    • Guardianship
    • Probate
    • Real Estate Law
    • Civil Litigation
    • Business Litigation
    • White-Collar Criminal & Regulatory Defense and Investigations
    • Mediation
    • Collaborative Law
    • Parent Coordinator
    • Arbitration
  • Resources
    • Covid 19 / Coronavirus Resource Page
    • Fledgling Estate Plan
    • Legal Information
    • Significant Cases
    • Psychology of Divorce
    • Cyber Issues and Divorce
    • Books + Videos
  • Blogs
    • Fields and Dennis LLP Blog
    • Divorce And Mediation Blog
    • Massachusetts Estate Planning Blog
  • Contact
    • Online Consultations & Mediations
    • Map & Directions
    • Pay Invoices Online
    • Contact Us
  • What Others are Saying
  • (781) 489-6776
You are here: Home / Archives for Massachusetts Family Law

Attribution of Income

The Appeals Court affirmed a Probate Court judgment attributing income to the husband in a divorce case.  The case reminds practitioners that courts may consider the earning capacity of a party in appropriate circumstances.  Where a party is voluntarily earning beneath his/her capacity, such attribution is “particularly appropriate,” according to the Appeals Court.  Similarly, such attribution may also be appropriate where a judge determines that a career change is voluntary.  Where a judge attributes income, however, the Appeals Court noted that a specific amount of income ought to be attributed.  C.D.L. v. M.M.L., 72 Mass.App.Ct. 146 (June 27, 2008).

Filed Under: Massachusetts Family Law, Quarterly Reviews

Child Support Following Death of Father

Where paternity is not disputed, a Probate Court judge has the authority to enter an initial award of child support for a non-marital child after the death of the obligor-parent, the Supreme Judicial Court decided.  The Probate judge, however, must consider, by means of a credit to the obligor-parent’s estate, Social Security survivor benefits, life insurance proceeds and any other benefits the child will receive.  L.M. v. R.L.R. 451 Mass. 682 (June 19, 2008).

Filed Under: Massachusetts Family Law, Quarterly Reviews

Survived Agreement

Parties entered into a separation agreement which provided that the husband was to pay $275.00 per week in alimony.  The agreement did not mention merger or survival.  The judgment nisi, however, stated that the agreement survived.  Years later, when the ex-husband sought a modification, the ex-wife moved to dismiss his complaint on the grounds that the agreement survived and that the ex-husband could not meet the “countervailing equities” standard necessary to modify a survived agreement.  The Probate Court judge allowed the motion to dismiss and the Appeals Court affirmed. The case reminds practitioners of the general rule regarding survival – that is, unless the parties expressly provide otherwise, an agreement will be held to survive.  Another reminder is that when the judgment nisi arrives in the mail, read it.  If you don’t agree with it, avail yourself of the applicable post-judgment remedies before it is too late.  Thomas v. Thomas, 71 Mass.App.Ct. 1126 (May 30, 2008).

Filed Under: Massachusetts Family Law, Quarterly Reviews

Litigation Exception to No Contact Order

The Appeals Court found that a woman violated a restraining order barring contact with her ex-lover by threatening, through his attorney, to release economically damaging information unless he agreed to certain demands related to the custody of their child.  The woman had argued that her contact with the attorney was covered by the “litigation exception” to no contact restraining orders.  The Appeals Court, however, explained that the “litigation exception” entitled the woman to enter into negotiations with her ex-lover’s counsel but not to use those negotiations as a guise to harass her ex-lover.  L.F. v. L.J., 71 Mass.App.Ct. 813 (May 30, 2008).

Filed Under: Massachusetts Family Law, Quarterly Reviews

Prenuptial Agreement

The Appeals Court reversed a Probate Court judgment upholding a prenuptial agreement, the proponent of which was the husband, a biologist, who drafted it himself.  The Appeals Court focused on a variety of factors in its decision to invalidate the agreement.  Neither party had counsel. There was no evidence that the wife, also a biologist, had been advised to obtain counsel.  There was no discussion of marital rights in the agreement, no discussion of how marital rights would be altered by the agreement – and, importantly, no demonstration of the parties’ understanding of those rights and the effect of the agreement.  Most critical to the Appeals Court, however, was the absence of an express waiver of marital rights in the document, an explicit requirement since Rosenberg v. Lipnick, 377 Mass. 666 (1979).   Eyster v. Pechenik, 71 Mass.App.Ct. 773 (May 23, 2008).

Filed Under: Massachusetts Family Law, Prenuptial, Quarterly Reviews

Wellesley, MA Divorce Lawyer

Wellesley, MA divorce lawyer, Attorney Jonathan Fields has more than 17 years experience representing clients with a high level of personal care and professionalism. His approach to the complex area of family law is innovative, compassionate and geared to the best interests of his clients.

With law offices in Wellesley, MA, the family law, estate planning, and divorce firm of Fields and Dennis server the Greater Boston region including Allston, Arlington, Boston, Brighton, Brookline, Chestnut Hill, Concord, Dedham, Dover, Lexington, Natick, Needham, Newton, Waltham, Watertown, Wayland, Wellesley, Weston, Westwood, and all Massachusetts.

Filed Under: Massachusetts Family Law

  • « Previous Page
  • 1
  • …
  • 4
  • 5
  • 6

Contact Us

Phone: 781.489.6776
Fax: 781.489.6233
80 William Street — Suite 210
Wellesley, MA 02481 USA

Recent Posts

Sheryl J. Dennis Quoted in Second Most Read Article in Massachusetts Lawyers Weekly

January 3, 2023

Attorney Sheryl Dennis was quoted in Massachusetts Lawyer Weekly’s second most read article of the year. The article discusses the feasibility of remote work from the viewpoint of a number of major law firms in the Boston area. If you are in the office, you are much more invested in the firm and the people […]

Fields and Dennis LLP Fundraiser for K9s for Warriors

December 1, 2022

Over the years Fields and Dennis have been proud to sponsor an annual holiday fundraiser for K9s for Warriors. We will be holding another holiday fundraiser through the end of the year. K9s For Warriors is a program to reduce veteran suicide and help our warriors return to a life of dignity and independence. The […]

Here are 4 Ways Divorced Parents Can Make the Holidays Joyful for Their Children – Attorney Vicki L. Shemin’s Article Featured on Divorcemag.com

November 29, 2022

Just because you and your ex-spouse are no longer together doesn’t mean you can’t co-parent peacefully during the holiday season. There are many ways divorced parents can make the holidays memorable for their children. Read the full article on Divorcemag.com https://www.divorcemag.com/blog/here-are-4-ways-divorced-parents-can-make-the-holidays-joyful-for-their-children

Congratulations to Fields and Dennis LLP Firm members who were selected as Top Lawyers for 2022 by Boston Magazine

November 22, 2022

  Fields and Dennis LLP is proud to congratulate Sheryl Dennis, Vicki L. Shemin and Jonathan Fields on being selected as Top Lawyers for 2022 by Boston Magazine. The Boston Magazine Top Lawyers list is extensively peer-reviewed and curated to bring together the top quality attorneys in Boston, making it easier for anyone seeking an […]

Sheryl J. Dennis Quoted in Massachusetts Lawyers Weekly

November 16, 2022

Attorney Sheryl Dennis was quoted in Massachusetts Lawyer Weekly this week. The article discusses the feasibility of remote work from the viewpoint of a number of major law firms in the Boston area. If you are in the office, you are much more invested in the firm and the people around you. It really is […]

Contact Us

Please use the contact form below to email Fields and Dennis LLP.

    Your Name (required)

    Daytime phone (required)

    Your Email (required)

    Brief description of your legal issue:

    Sending a message to Fields and Dennis LLP does not constitute an Attorney Client relationship. Please review our Communication Policy before sending any messages.

    Location

    FIELDS AND DENNIS LLP
    80 William Street — Suite 210
    Wellesley, MA 02481 USA
    (T) 781.489.6776
    (F) 781.489.6233

    You can also find us on…

    Recent Blogs

    • Attorney Jon Fields receives the 2022 John Adams Fiske Award
    • Attorneys Sheryl Dennis and Hugh Ferguson quoted in Newsweek
    • Sheryl J. Dennis Quoted in Second Most Read Article in Massachusetts Lawyers Weekly
    • Fields and Dennis LLP Fundraiser for K9s for Warriors
    • Here are 4 Ways Divorced Parents Can Make the Holidays Joyful for Their Children – Attorney Vicki L. Shemin’s Article Featured on Divorcemag.com

    Recent Firm News & Coverage

    • Sheryl J. Dennis Quoted in Second Most Read Article in Massachusetts Lawyers Weekly

    • Fields and Dennis LLP Fundraiser for K9s for Warriors

    • Here are 4 Ways Divorced Parents Can Make the Holidays Joyful for Their Children – Attorney Vicki L. Shemin’s Article Featured on Divorcemag.com

    • Congratulations to Fields and Dennis LLP Firm members who were selected as Top Lawyers for 2022 by Boston Magazine

    • Sheryl J. Dennis Quoted in Massachusetts Lawyers Weekly

    The Boston metro family law, divorce and estate planning attorneys at the law firm of Fields and Dennis LLP are based in the Newton Wellesley area and serve the city of Newton: Auburndale, Chestnut Hill, Newton Centre, Newton Corner, Newton Upper Falls, Newton Lower Falls, Nonantum, Oak Hill, Waban and West Newton and town of Wellesley: Babson Park, Wellesley Hills, Wellesley Square Fields and Dennis also serves many clients in the Greater Boston and Massachusetts region including Ashland, Dover, Holliston, Medfield, Needham, Sherborn, Westwood, and all of Massachusetts. Attorney Jonathan Fields is a recognized authority on bitcoin and divorce

    Copyright 2021 Fields and Dennis LLP

    Attorneys | Divorce Attorneys | Estate Planning Attorneys | Firm Overview |

    Disclaimer | Privacy Policy | Contact | Pay Invoice