Case Law Updates by Attorney Jonathan Fields from Family Mediation Quarterly, April 2014, including:
- Temporary Alimony Doesn’t Count.
Case Law Updates from Family Mediation Quarterly, October 2013
Case Law Updates by Attorney Jonathan Fields from Family Mediation Quarterly, October 2013, including:
- PC Agreement Held Enforceable.
- Post-Retirement Alimony Obligations.
Case Law Updates from Family Mediation Quarterly, July 2013
Case Law Updates by Attorney Jonathan Fields from Family Mediation Quarterly, July 2013, including:
- “Agreed upon Educational Expenses” and the Price of Silence.
- Probate Court has Authority to Allocate Federal Dependency Exemptions.
- New Child Support Guidelines.
MA Family Law: Court Must Consider Tax Consequences if Presented
Court Must Consider Tax Consequences if Presented. Under the Internal Revenue Code, alimony cannot be contingent on a child-related event lest it be re-characterized as non-deductible support. Here, the Probate and Family Court entered a judgment requiring the Father to pay alimony until the youngest child graduated from high school at which point it would be reduced. The Father sought post-judgment relief from the Probate and Family Court to no avail and appealed the denial. The Appeals Court affirmed the trial court judgment, and the SJC reversed, holding that because the law requires a court to consider “income” when determining alimony and property division, that court must consider income tax consequences as well when such evidence is presented. L.J.S. v. J.E.S., 464 Mass. 346 (February 8, 2013)
From the Family Mediation Quarterly
Family Mediation Quarterly: President’s Letter
Dear Mediators:
The most recent professional development meeting, “Collaborative Law and Mediation Tools and Techniques: A Common Ground” was a product of the joint committee of the MCFM and the Massachusetts Collaborative Law Council chaired by our own Lynn Cooper. The panelists, in addition to Lynn, were Dan Finn, Kate Fanger, Karen Levitt, and Lisa Smith.
The committee was created in order to foster close reciprocal relationships between the organizations – and we are succeeding. As a result of the committee’s efforts, for example, we are now cross-promoting each other’s events.
Being trained in the two disciplines has informed the way I practice both.
What can Collaborative Law teach the mediator? Collaborative Law taught me to provide summary notes to the clients following each mediation. Although some mediators have been doing this for years without any influence from Collaborative Law, it wasn’t until I was trained in Collaborative Law that I understood the effectiveness of this procedure. One of the panelists suggested discussing with mediation clients their goals for the process, a staple at the beginning of the first Collaborative meeting. I haven’t done this yet but I’m considering it.
What can Mediation teach the Collaborative Practitioner? Mediation skills such as listening and reframing are critical for the Collaborative practitioner; in fact, I believe that every Collaborative Practitioner should be required to take a course in mediation.
In any event, I think all of us can agree that the communities have a lot to teach other. I look forward to more of these joint ventures in the future.
From the Family Mediation Quarterly