Conference-Call-Mediation in the Time of COVID-19

The coronavirus pandemic affects all of us; and when it comes to the divorce process, it presents a dilemma. It is important to move forward; and yet, what about the crisis?

I am sensitive to the constraints of the virus and that is why I instituted Conference-Call-Mediation or CCM. CCM will help you and your spouse move forward to the important stage of reaching agreement on a Separation Agreement. This will put you in a good position when the Family Court re-opens. During our initial telephone consultation, we can talk more about CCM.

The phone is better than meeting.

What is the Difference Between Imputed Income and Attributed Income?

By Anthony C. Adamopoulos, Divorce Mediator and Collaborative Divorce Attorney

Imputed and attributed income are distinguished in the Child Support Guidelines, 2018.

Imputed income is income that is not reported on a parent’s Financial Statement but is nevertheless being received by or available to the parent.  One appellate court decision has said: A judge may “reasonably impute income to [a] parent” who receives “[e]xpense reimbursements, in-kind payments or benefits received by a parent, personal use of business property, and payment of personal expenses by a business in the course of employment, self-employment, or operation of a business . . . if such payments are significant and reduce personal living expenses.”

Attributable income is  “[i]ncome …[assigned] to a parent when the Court determines a parent is capable of earning more than is currently being earned and assigns a hypothetical amount of income to the parent.”    If a judge finds that a parent is unreasonably underemployed or unemployed, the judge may assign attributable income to that parent.

©2020

Anthony is available to discuss and explain Collaborative Divorce & Divorce Mediation to private and public groups. Call for more information.

 

ANTHONY C. ADAMOPOULOS’ DIVORCE MEDIATION &

 DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

 

 

 

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The Holidays are Over and We Need to Get This Divorce Behind Us

By Anthony C. Adamopoulos, Certified Divorce Mediator and Certified Collaborative Divorce Attorney

Listen folks, the holidays are over and the two of you are still facing the divorce problem.

It is time and it is best, for the two of you and your kids to get this divorce thing behind you.

It is hard to imagine it now, but things will get brighter for each of you when the divorce is behind you.

There are only two real ways to go, Mediation or Collaborative Divorce. Don’t spend big money or expend energy and tears going the old divorce route with lawyers that are not certified to travel the smart, less expensive roads to divorce resolution.

Where there are children under 23, there are three major issues in all divorces– taking care of the children, taking care of support and dividing the property.

Mediation is the way to go if your combined income is around $100,000.00 or less and there is no real disagreement over the children, support and property.

Collaborative Divorce is the sensible route where combined income is over $100,000.00 and there are real issues such as disputes over where the kids will live or how much self-employment income there is?

Call today for a consultation with an experienced and certified divorce resolver.

Anthony is available to discuss and explain Collaborative Divorce & Divorce Mediation to private and public groups. Call for more information.

© 2020 Anthony C. Adamopoulos

ANTHONY C. ADAMOPOULOS’ DIVORCE MEDIATION &

 DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

 

#divorcemediation

#collaborativedivorce

#divorce

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My Spouse is Hiding income. Is that Imputed Income?

By Anthony C. Adamopoulos, Divorce Mediator and Collaborative Divorce Attorney

Yes, it may be. Imputed income is an amount that a judge assigns to your spouse when your spouse’s Financial Statement does not report the assigned income.This comes up when you are able to show the judge at least one of two types of evidence about your spouse’s real income.

In the first type, there is evidence showing your spouse spending way above his or her means. For example, your spouse is leasing a Ferrari at a monthly cost of more than half of his or her monthly income.

In the second type, your spouse receives reimbursements or employer payment for expenses that are not reported in his or her Financial Statement, for example per diem payments or cell phone payments.

If the judge accepts the evidence of unreported income, an amount representing the unreported income may be imputed, or assigned, to the non-reporting party.

However, in court litigation, you have to consider the consequences of disclosing unreported taxable income because the judge is obligated to report the matter to the IRS. If you filed joint returns, an IRS audit may hurt you in an unexpected way.

One of the many advantages to using Collaborative Divorce or Divorce Mediation is that the process is confidential and the parties can negotiate an agreement as to all money being earned.

© Anthony C. Adamopoulos 2019

Anthony is available to discuss and explain Collaborative Divorce & Divorce Mediation to private and public groups. Call for more information.

ANTHONY C. ADAMOPOULOS’ DIVORCE MEDIATION &

DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

 

#divorcemediation

#collaborativedivorce

#imputedincome

#divorce

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How Does a Judge Set Alimony?

By: Anthony C. Adamopoulos, Divorce Mediator, Collaborative Divorce Attorney and Divorce Arbitrator

Alimony is based on: the need of the recipient, the payor’s ability to pay it and a cap on the amount to be paid.

To determine need, the judge must consider: marriage length; age and health of the parties; income, employment and employability of both parties, including employability through reasonable diligence and additional training, if necessary; economic and non-economic contribution of both parties to the marriage; marital lifestyle; ability of each party to maintain the marital lifestyle; lost economic opportunity as a result of the marriage; and other factors considered relevant and material.

For the payor’s ability to pay, the judge considers the above factors to see if the payor has money left over after providing for the payor’s need. If there is money left over, the judge will generally award alimony to be the lesser of the recipient’s need or 30 to 35 percent of the difference between the parties’ gross incomes.

In Collaborative Divorce and Mediation, the parties have more leeway in setting alimony.

© 2019 Anthony C. Adamopoulos

Anthony is available to discuss and explain Collaborative Divorce & Divorce Mediation to private and public groups. Call for more information.

 

ANTHONY C. ADAMOPOULOS’ DIVORCE MEDIATION &

DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

 

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What is a Collaborative Divorce Neutral Facilitator and Why is it Cost Effective to Use One?

By Anthony C. Adamopoulos-Divorce Mediator, Collaborative Divorce Attorney, & Divorce Arbitrator

Are you facing divorce and feeling sad, angry, or scared?

Do you stay up at night thinking “This can’t be happening” or “How am I going to manage this?”

If you use Collaborative Divorce, you will not be alone because a Collaborative Divorce Neutral Facilitator will be there for you. (A Neutral Facilitator is sometimes called a Coach.)

As your Collaborative attorney, I will be sure that a Neutral Facilitator is part of the Collaborative team. The Neutral will meet with you, and your spouse, individually before the first team meeting to get to know you, to set up your goals for the process, and to learn what issues might be particularly hard for you.

A neutral can work with you to develop a parenting plan or help you navigate the challenge of guiding your child through this tough time. A Neutral is an emotional support who will be with you “every step of the way”.

At all meetings, the Neutral will be there to help maintain a respectful atmosphere, to be a time keeper, and to monitor the emotional aspect of the conversation. Clients can meet, at any time, with the Neutral individually or with their spouse.

Why is it cost effective to use a Neutral?  Because it may cost less.  If you are using the costly court divorce process, or even mediation, your attorney, or the mediator, will try to provide the services that a skilled Neutral provides.  The difference is that the Neutral will be billing at a lower rate than your attorney or mediator.

© 2019 Anthony C. Adamopoulos

ANTHONY C. ADAMOPOULOS’ DIVORCE MEDIATION &

 DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

Anthony is available to discuss and explain Collaborative Divorce & Divorce Mediation to private and public groups.

#collaborativedivorce

#collaborativedivorcefacilitator

#collaborativecoach

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#collaborativeattorneynearme

Is Collaborative Divorce Cheaper than Mediation or a Court Resolution?

By: Anthony C. Adamopoulos, Divorce Mediator, Collaborative Divorce Attorney and Divorce Arbitrator

 

Unless a couple has been married for under a year, it is almost impossible to quote the cost of any divorce process, let alone Collaborative Divorce.

What can be said is that Collaborative Divorce is efficient and cost effective. And, it meets emotional and economic needs in a way that mediation cannot.

Collaborative attorneys have one objective, settlement.  This is not the case with court resolution. Attorneys of mediation clients usually do not attend settlement negotiations and work on the specifics of settlement.

Collaborative attorneys work under a schedule geared to speedy settlement. Court cases react to court-imposed schedules which may not reflect client needs. Mediators often have one client wait while the needs of the other client are being addressed.

Collaborative attorneys serve at their client’s side and speak on their behalf. In mediation, attorneys are usually not present, leaving clients to negotiate and speak for themselves.

Collaborative trained “neutrals” resolve economic or emotional problems, usually on lower fee schedules.  Mediators do not routinely use neutrals.

In summary, for marriages of over 5 years, involving good earnings, significant assets and disagreement surrounding children, support of one party or the division of property, Collaborative Divorce is the efficient cost-effective choice.

© 2019 Anthony C. Adamopoulos

ANTHONY C. ADAMOPOULOS’ DIVORCE MEDIATION & DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

Anthony is available to discuss and explain Collaborative Divorce & Divorce Mediation to private and public groups.

#collaborativedivorce

#divorcemediation

#cheapdivorce

#collaborativeattorneynearme

 

 

For How Long Will Alimony Run?

By: Anthony C. Adamopoulos, Divorce Mediator, Arbitrator and Collaborative Divorce Attorney

Alimony here refers to the most common type – General Term.

The length or duration of alimony is contingent on two factors.

The first is the length of the marriage. (Italics are quotes from the Alimony Reform Law.)

The length of the marriage begins, at a minimum, from the date of marriage. However, the court (or arbitrator) may increase the length … if there is evidence that the parties’ economic marital partnership began during their cohabitation … prior to the marriage.

If there was an economic marital partnership, an extension to the length of the marriage, is in the discretion of the judge (or arbitrator).

Some evidence of an economic marital partnership includes the couple:

  • holding themselves out as an intact family;
  • wearing rings, they bought for each other;
  • participating in activities together with their children;
  • vacationing together;
  • sharing finances;
  • sharing the cost of housing.

The length of the marriage ends when a spouse is served a notice of divorce.

The second factor. Once the length of the marriage is determined, the judge (or arbitrator) then sets the duration of alimony.

Presumptive limits on the duration of alimony are based on the length of the marriage.

Where the marriage is longer than 20 years, alimony may extend for an indefinite length of time… .

For 20 years or less there are four categories of duration:

(1) If the length of the marriage is 5 years or less, … not longer than one-half the number of months of the marriage.

(2) [for] 10 years or less, but more than 5 years… not longer than 60 per cent of the number of months of the marriage.

(3 [for] 15 years or less, but more than 10 years, …not longer than 70 per cent of the number of months of the marriage.

(4) [for] 20 years or less, but more than 15 years, …not longer than 80 per cent of the number of months of the marriage.

 The above duration categories are presumptive and the judge (or arbitrator) may deviate from the presumption. (Rules for deviation are left for another article.)

So, to determine the presumptive duration of alimony, first determine the length of the marriage and then fit the length into one of the 5 duration periods.

 

© 2019 Anthony C. Adamopoulos

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

Anthony is available to discuss and explain Collaborative Divorce & Divorce Mediation to private and public groups.

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Attorney Pontisakos Added to Primary Care Attorney Referral Registry

 

Very pleased to announce that Attorney Demetra Pontisakos has been added to my Primary Care Attorney Referral Registry.

Demetra has over 30 years of experience in family law and practices in Massachusetts and New Hampshire.  That means she can handle family law matters that cross state lines.  Demetra is a skilled negotiator and litigator. She has experience and training in a variety of approaches to resolving family law issues and, she produces excellent results for her clients. People I have referred to her report back that they are thankful for her abilities and the good results she achieved. Demetra also practices in certain specialized probate matters in Massachusetts and New Hampshire. So, if you need a perfect, respected referral, please give me a call.

Remember that in addition to mediation, arbitration and collaborative representation services, I am a Primary Care Attorney who can refer you to a respected attorney with the expertise you need. My registry of experienced, respected attorneys is available and near you.

Anthony C. Adamopoulos is a divorce mediator, collaborative attorney and divorce arbitrator who practices in your area, and can be reached at:  acaboston@aol.com or (978) 744-9591.

© 2019 Anthony C. Adamopoulos

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

 

#divorcemediatornearme

#collaborativeattorneynearme

 

What is Collaborative Divorce?

In Collaborative Divorce, you, your spouse, your lawyers and other Collaborative Team members make up the Collaborative Team. The Team has one goal, the efficient, collaborative resolution of all issues without trial, arbitration or the threat of either. This goal is accepted at the beginning by all Collaborative Team Members.

The Collaborative Team will include coaches who will make your divorce process efficient and usually less expensive.

The most common Collaborative Coaches are the Facilitator and the Financial Neutral. Your Facilitator expedites the process by helping you and your spouse identify short and long term goals and overcome inter-personal roadblocks. Your Financial Neutral expedites the process by analyzing the unique needs of your family, identifying tax provisions related to those needs and creating realistic plans to preserve family income and property.

In Collaborative Divorce, attorneys are specially trained and certified in the practice of Collaborative Divorce. Since neither attorney need be concerned about the possibility of a trial, each is free to consider all options for obtaining a satisfactory resolution. In fact, all Collaborative Team members are encouraged to think “outside the box” when working toward the resolution of unique problems.

Should one party decide to convert to adversarial divorce, both attorneys must withdraw, and certain information gathered in collaboration cannot be used in the adversarial process.

Collaborative Divorce is totally confidential. In adversarial divorce, all court proceedings are public.

©2019 Anthony C. Adamopoulos

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM