Entries by Sclafani & Moriarty

The difference between fixed and reasonable visitation

On behalf of Johnson, Sclafani & Moriarty, Attorneys at Law posted in Child Custody on Thursday, January 15, 2015. When a Massachusetts court orders visitation, it may order reasonable or fixed visitation. It is important for parents to understand the differences between these two types of visitation and what their responsibilities will be in each […]

How child support is calculated in Massachusetts

On behalf of Johnson, Sclafani & Moriarty, Attorneys at Law posted in Child Support on Thursday, January 8, 2015. When Massachusetts parents are going through a divorce, the court will in most cases determine how much child support should be awarded in one of two ways. The first is to consider an agreement submitted by […]

Which parent has custody before going to court?

On behalf of Johnson, Sclafani & Moriarty, Attorneys at Law posted in Child Custody on Wednesday, December 31, 2014. Determining who has legal custody of a child immediately after his or her parents separate will greatly depend in Massachusetts on whether or not the child’s parents are married. If a child’s parents are married and […]

Splitting a 401(k) during a Massachusetts divorce

On behalf of Johnson, Sclafani & Moriarty, Attorneys at Law posted in High Asset Divorce on Monday, December 29, 2014. In many cases when a couple files for divorce, the court will decide how the couple divides their assets. If the court decides to split one party’s 401(k) plan with the other party as part […]

Protective orders in Massachusetts

On behalf of Johnson, Sclafani & Moriarty, Attorneys at Law posted in Domestic Violence on Thursday, December 18, 2014. People seeking protective orders against an abusive or potentially abusive household member or relative normally aim to receive a long-term order from the court. This type of order requires a court hearing so that the court […]

How a child’s best interests are determined

On behalf of Johnson, Sclafani & Moriarty, Attorneys at Law posted in Child Custody on Wednesday, December 10, 2014. Custody battles can be hard on everyone involved, especially on children. Consideration of a child’s best interests is the priority of the court system in Massachusetts. The definition of the best interests has not been standardized, […]

The treatment of an inheritance during property division

On behalf of Johnson, Sclafani & Moriarty, Attorneys at Law posted in High Asset Divorce on Friday, December 5, 2014. Massachusetts courts follow the principle of equitable distribution when making property division determinations during a divorce. Equitable distribution does not always mean that the assets are divided equally. It means that property the couple acquired […]

Division of marital assets doesn’t have to be equal

On behalf of Johnson, Sclafani & Moriarty, Attorneys at Law posted in High Asset Divorce on Wednesday, November 26, 2014. Since Massachusetts is not a community property state, divorcing couples may be surprised to learn that marital assets do not need to be divided equally, just equitably. Couples seeking divorces should try to work out […]

Can I pay alimony in a lump sum?

On behalf of Johnson, Sclafani & Moriarty, Attorneys at Law posted in Alimony on Tuesday, November 18, 2014. Divorces in West Springfield sometimes involve a spouse being ordered to pay the other spouse alimony, also referred to as spousal support. Even if the payer spouse has come to terms with the agreement, sending a check […]

Grandparent rights in Massachusetts

On behalf of Johnson, Sclafani & Moriarty, Attorneys at Law posted in Child Custody on Tuesday, November 11, 2014. There are some situations that can occur that may prompt grandparents to seek visitation rights for a grandchild. The law in Massachusetts allows grandparents to seek them if certain circumstances apply. In making its decision, a […]