Contact the Law Office of James M. Ianiri for all divorce information. We have the experience and knowledge to get you, and your loved ones through this difficult, emotional process.

JMILaw - Massachusetts Divorce Law

Massachusetts Divorce - Children's Issues, Massachusetts Custody Factors

A child custody agreement shall contain, but is not limited to the following: the child’s education; the child’s health care; procedures for resolving disputes between the parties with respect to child-raising decisions and duties; and the periods of time during which each party will have the child reside or visit with him, including holidays and vacations, or the procedure by which such periods of time shall be determined. (Massachusetts General Laws - Chapter 208 - Sections: 28 and 31) In Massachusetts, as with all other states, the court always considers the best interests of the children paramount. What you or your spouse want will always be treated as secondary to what the court deems is in the best interest of the children.

Many parents go to custody hearings expecting that the court is simply going to give them custody of their child or children. This can be a tragic mistake. Because the court always starts with what’s in the best interest of the child or children, it is up to the parent to prove that he or she is the better caretaker and therefore deserves to be awarded custody. Often, it is this critical issue—who gets custody of the child or children—that makes the divorce process so wrenching. The Law Office of James M. Ianiri has considerable experience with custody issues arising from both Care and Protection petitions and divorce litigation. We understand the issues and fight to ensure your children get what is best for them. And while we always prepare for trial, we also use all of the tools of potential resolution now available in these matters, including mediation, which often is the most effective and financially desirable solution.


Massachusetts Divorce - Child Support Guidelines

Ensuring your children are financially cared for after divorce is important. Whether you are the primary wage-earner in your family or not, the determination of child support should accurately reflect your financial situation and your children’s financial need. Financial situations can change however, particularly in our current economic state. Under certain circumstances it may become necessary to modify the existing support order.

Child support is determined by income based guidelines. Attorney Ianiri can assist you to identify your earnings and your partner’s earnings to create an accurate financial picture of both parties. Along with determinations made in regard to debt and property division as well as custodial arrangements will help in arriving at an accurate support amount.

For legal assistance with child support and modifications to existing support, contact the Law Office of James M. Ianiri.


Massachusetts Child Support Factors

The court may order either parent to provide maintenance, support (including health insurance), and education for any minor child. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances in a case. Reasons for deviation from the Guidelines are: (1) the parent to pay support has other minor children and there are insufficient financial resources available; (2) the parent to pay support has extraordinary expenses (travel-related visitation expenses, uninsured medical expenses, etc.); and (3) other unusual circumstances. There is an official Child Support Guidelines Worksheet contained in the Appendix of Forms. [Massachusetts General Laws Annotated; Chapter 208, Section 28 and Massachusetts Rules of Court; Appendix of Forms]. Massachusetts child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate Massachusetts child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc. Once this amount is determined it is essential to take a look at any appropriate Massachusetts child support deviation factors that may be applicable to the situation. 

Telephone: 781.681.4320 • Norwell Executive Center • 167 Washington Street • Norwell, MA 02061