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

#collaborativeattorneynearme

#divorcemediationattorneynearme

#divorceattorneynearme

 

 

 

 

 

 

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

 

#alimony

#settingalimony

#collaborativedivorcealimony

#mediationalimony

#divorcemediatornearme

#collaborativeattorneynearme

#divorcemediationattorneynearme

#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.

#durationofalimonyinmassachusetts

#alimony

#alimonyarbitation

#howlongdoesawifegetalimony

#alimonylawinmassachusetts

#lengthofmarriageandalimony

#howlongdoeshusbandpayalimony

#divorcemediationattorneynearme

 

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

 

PREMIER LAWYERS OF AMERICA RECOGNIZES ANTHONY C. ADAMOPOULOS

Anthony C. Adamopoulos a Divorce Mediator and Collaborative Divorce Attorney of Topsfield has been nominated for membership in Premier Lawyers of America.

Nominated attorneys have been found to demonstrate the highest standards of excellence in the practice of law. Nominations are made by attorneys or by the Premier Lawyers of America advisory committee.

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES  

(978) 744-9591

ACABOSTON@AOL.COM

ANTHONY C. ADAMOPOULOS AMONG TOP 10 FAMILY LAW ATTORNEYS IN MASSACHUSETTS

Topsfield divorce attorney and mediator Anthony C. Adamopoulos is pleased to announce that Attorney and Practice Magazine has ranked him among the top 10 family law attorneys in Massachusetts.

Attorney and Practice Magazine is a quarterly publication “addressing law firm management, attorney well-being, work/life balance, and the ever-changing technology that impacts a …practice.”  The List recognizes the significant achievements of those attorneys whose practice elevates the standards of the Massachusetts’ Bar.

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES  

(978) 744-9591

ACABOSTON@AOL.COM

© 2019 Anthony C. Adamopoulos

 

Facing Divorce? Here are Some Basics…

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

For those facing divorce, the summer is often a time of “thinking about it”.

Well, here is something to think about.

There comes a time when a person must stop looking to the past and begin to picture the future. If that future means divorce, then some real consideration must be given to moving into the future without needlessly spending monies that could be used for other needs.

Here are some basic suggestions:

  1. Join with your spouse in the joint self-serving purpose of “getting through this” by concentrating on the future. Because — when a divorcing party seeks to punish the other, everyone feels the pain.
  2. Consider avoiding the court process by using Mediation, Collaborative Divorce or Divorce Arbitration (see my website for more information on these dispute resolution procedures – DivorcingOptions.com).
  3. Recognize that options 1 and 2 may be difficult because the other spouse may be what professionals call “The Reluctant Spouse”. When this is the case, be sure the professional with whom you work is familiar working with and winning over The Reluctant Spouse.

Good luck,

Anthony 

© 2019 Anthony C. Adamopoulos

 

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES  

(978) 744-9591

ACABOSTON@AOL.COM

#DIVORCE

#DIVORCEMEDIATION

#DIVORCEARBITRATION

#COLLABORATIVEDIVORCE

A Question Often Asked – Will I have to pay both child support and alimony?

By:    Anthony C. Adamopoulos, Divorce Mediator, Arbitrator & Collaborative Lawyer

Generally, alimony will not be granted where total family income does not exceed $250,000.00.

Over this amount, the judge first determines if there is a need for alimony. To do this, the judge considers the income of each party. (The person receiving child support includes it in their income. The person paying support deducts it from their income.)

The judge then determines the reasonable need of each party and if each party’s income covers need. Need is based upon the standard of living of the parties when they were living together.

If income does not cover need, the judge will try to divide the total income so that each party can meet their respective need. When there is not enough money to meet respective need, the judge will have the parties share the deficit. The judge will consider certain guidelines in doing this.

#DIVORCEMEDIATION
#DIVORCEARBITRATION
#COLLABORATIVEDIVORCE
#ALIMONY
#CHILDSUPPORT

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES  

(978) 744-9591

ACABOSTON@AOL.COM

 

© 2019 Anthony C. Adamopoulos