In a divorce, a spouse may be entitled to alimony. In Massachusetts, “alimony” is defined as” the payment of support from a spouse, who has the ability to pay, to a spouse in need of support for a reasonable length of time, under a court order.” The spouse who pays alimony is called the “payor spouse” and the spouse who receives alimony is called the “recipient spouse.” There are four (4) kinds of alimony in Massachusetts, and the amount and duration that the payor is entitled to receive depends on which type of alimony the payor requests. The four (4) types of alimony are: -General Term Alimony: The periodic payment of support to a recipient spouse who is economically dependent. -Rehabilitative Alimony: The periodic payment of support to a recipient spouse who is expected to become economically self-sufficient by a predicted time, such as, without limitation, reemployment; completion of job training; or receipt of a sum due from the payor spouse under a judgment.” -Reimbursement Alimony: The periodic or one-time payment of support to a recipient spouse after a marriage of not more than 5 years to compensate the recipient spouse for economic or non-economic contribution to the financial resource of the payor spouse, such as enabling the payor spouse to complete an education or job training. -Transitional Alimony: The periodic or one-time payment of support to a recipient spouse after a marriage of not more than 5 years to transition the recipient spouse to an adjusted lifestyle or location as a result of the divorce. In a contested divorce, if the spouses cannot agree on the amount or duration of alimony, the judge will make a final determination after the trial. The judge must consider the recipient spouse’s need for support and the payor spouse’s ability to pay. A recipient spouse’s need for support and the payor spouse’s ability to pay are based on the following factors: -The age and health of each spouse -How long the couple was married -Each spouse’s income, employment, or employability -The lifestyle of the parties during the marriage, and the ability of each spouse to maintain that lifestyle after the divorce -Each spouse’s economic contribution to the marriage -Any loss of economic opportunity due to the marriage -Any other factors that the judge deems is relevant If you have any questions about alimony, please contact the Law Office of Muska Yousuf by email (myousuf@muskayousuf.com), phone (508-237-7785), or by going to the “Contact” tab on this website and filling out your pertinent information. You will receive a response within 24 hours.

In a divorce or a dispute between unmarried couples, if there are children involved, then a custody arrangement must be established. In Massachusetts, there are two forms of custody: -Legal custody -Physical custody Legal custody refers to a parent’s authority to make major life decisions about a child’s education, health care, and emotional, moral, or religious development. -Sole/primary legal custody is when one parent has the authority to make major life decisions about the child -Joint/shared legal custody is when both parents have authority to make major life decisions about the child Physical custody refers to the time a child resides with and is under the supervision of a parent. -Sole/primary physical custody is when a child resides with and is under the supervision of one parent the majority of the time. In most cases, the judge presumes it’s in the child’s best interest to have a relationship with both parents, even if one parent has primary custody. If the court awards sole/primary custody to one parent, the judge will create a parenting time or schedule for the non-custodial parent and the child. -Joint/shared physical custody is when a child resides with and is under the supervision of both parents equally. When parents cannot agree on legal and physical custody, a judge determines what is in the best interest of the children. Massachusetts’ law does not list specific factors that the judge must consider when deciding what is in the best interest of the children, however the children’s welfare and happiness are the main concerns. The judge must consider any adverse effects a child’s present or past living conditions ma have had on the child’s physical, mental, moral or emotional health. Additionally, the judge may consider one or more of the following: -Each parent’s ability to provide the child with food, clothing, shelter and any other necessitates -The child’s relationship with each parent -The child’s school record -Whether the parents have a history of domestic abuse or child neglect -Each parent’s willingness to foster a relationship between the child and the other parent. -Each parent’s physical and mental health -Any other factor that the judge deems relevant on a case-by-case basis. If you have any questions about child custody, please contact the Law Office of Muska Yousuf by email (myousuf@muskayousuf.com), phone (508-237-7785), or by going to the “Contact” tab on this website and filling out your pertinent information. You will receive a response within 24 hours.

In a divorce or a dispute between unmarried couples, if there are children involved, then child support payments must be arranged. The Massachusetts Child Support Guidelines dictate the following: -Which parent owes child support. -The amount of child support owed. -How long child support is owed. Under most circumstances, which parent owes child support is tied to the custody arrangement. -The parent with sole/primary physical custody is typically the parent who is entitled to receive child support. -If the parents have joint/shared physical custody, then the parent who makes less money is typically entitled to receive child support. -If the parents have joint/shared physical custody, and the parents make approximately the same amount of money, the parents typically decide neither one should receive child support. The weekly amount of child support that is owed is based on the following factors: -What is the custody arrangement? -How many children do the parents have together? -How many of their children are under 18 years old? -How many of their children are 18 years or older? -What is each parent’s gross weekly income? -Per week, how much does each parents pay for childcare? -Per week, how much does each parent pay for the children’s health insurance? -Per week, how much each parent pay for their children’s dental/vision insurance? -Per week, how much does each parent pay in child support for children born of another marriage or relationship? In Massachusetts, child support is owed until the child becomes “emancipated.” The child does not automatically become emancipated once he/she turns 18 years old. Child support may continue after the age 18 under the following circumstances: -If the child is 18 or older and is enrolled in and attending high school -If the child is 18 to 20 years old, and is living at home with a parent and principally dependent on that parent -If the child is 21 to 23 years old, and is living at home with a parent and is principally dependent on that parent because of enrollment in an undergraduate program -If the adult child is characterized as “disabled” or an “incapacitated person” subject to guardianship If you have any questions about child support, please contact the Law Office of Muska Yousuf by email (myousuf@muskayousuf.com), phone (508-237-7785), or by going to the “Contact” tab on this website and filling out your pertinent information. You will receive a response within 24 hours.

In a family court case, when the judge issues a final judgment after a trial, or when the parties come to a final agreement on their own, both parties are bound by the terms of the judgment or agreement. If a party violates the terms of the judgment or agreement, that party is in contempt of court. The party who allegedly violated the terms is called the “Defendant” and the party who allegedly obeyed the terms is called the “Plaintiff.” To succeed in a Contempt case, the Plaintiff has the burden of proving both of the following two (2) things: -The judgment or agreement contained a clear and unequivocal command -The Defendant clearly and undoubtedly disobeyed the terms of the judgment or agreement After the contempt hearing, if the judge decides that the Defendant is in contempt, the judge will order the Defendant to obey the terms of the judgment or agreement. If the Defendant habitually is found in contempt, the judge may penalize the Defendant by modifying the judgment or agreement in the Plaintiff’s favor. For example, if a Defendant continuously disobeys a custody order, the judge may modify the custody arrangement and give the Plaintiff more parenting time. Additionally, the judge may order the Defendant to pay the Plaintiff’s attorney’s fees. If you have any questions about Contempt cases, please contact the Law Office of Muska Yousuf by email (myousuf@muskayousuf.com), phone (508-237-7785), or by going to the “Contact” tab on this website and filling out your pertinent information. You will receive a response within 24 hours.

A contested divorce is filed when the spouses cannot agree on one or more of the following issues: -Custody/parenting plan -Child support -Alimony -Division of marital assets and debts If the spouses agree on all of the above issues, then they should file an Uncontested Divorce. There are five (5) stages to a Contested Divorce: -Stage One: Plaintiff files a Complaint for Divorce -Stage Two: Defendant files an Answer and/or Counterclaim for Divorce -Stage Three: Mandatory financial disclosure documents exchanged -Stage Four: Pre-Trial Conference -Stage Five: Trial After Stage One and before Stage Five either spouse may file one or more of the following: -Request for Production of Documents: Aside from the mandatory financial disclosure documents, either spouse may ask the other spouse to produce additional documents. -Interrogatories: Either spouse may serve interrogatories to the other spouse. Interrogatories are questions that are asked of an opposing spouse, which must be answered in writing and under oath. -Depositions: Either spouse may request that depositions be taken against the opposing spouse or a third party. Depositions are questions that must be answered orally and under oath. -Motion Hearing: Sometimes a matter cannot wait until trial to be dealt with. Under these circumstances, either spouse can file a “Motion” and ask the judge to make a temporary ruling that is binding until they reach an agreement or the judge makes a final determination after trial. If you have any questions about Contested Divorces, please contact the Law Office of Muska Yousuf by email (myousuf@muskayousuf.com), phone (508-237-7785), or by going to the “Contact” tab on this website and filling out your pertinent information. You will receive a response within 24 hours.

In a divorce, all of the spouses’ assets and debts have to be divided in an equitable manner. “Equitable” does not mean “equal.” In Massachusetts, assets and debts are not automatically divided 50/50. In an uncontested divorce, the spouses can decide how to divide their assets and debts, however, the judge will review the division and make sure it is fair and reasonable. If the judge suspects that the division is not fair and reasonable, the judge will require the spouses to make revisions to their agreement. In a contested divorce, if the spouses have not agreed on how to divide their assets and debts, then the judge makes the final decision after a trial. The judge must consider the following factors when deciding how to divide an asset or debt: -The length of the marriage -The conduct of the spouse’s during the marriage -The age of the spouses -The health of the spouses -The station of the spouses -The occupation of the spouses -The amount and source of income of the spouses -The vocational skills of the spouses -The employability of the spouses -The estate/assets of the spouses -The liabilities of the spouses -The needs of each of the spouses -The opportunity of each spouse for future acquisition of capital assets and income -The amount and duration of alimony, if any -The present and future needs of the dependent children of the marriage In a contested divorce, the judge may consider the following factors when deciding how to divide an asset or debt: -The contribution of each of the spouses in the acquisition, preservation, or appreciation in value of their respective assets -The contribution of each of the spouses as a homemaker to the family unit If you have any questions about the division of marital assets and debts, , please contact the Law Office of Muska Yousuf by email (myousuf@muskayousuf.com), phone (508-237-7785), or by going to the “Contact” tab on this website and filling out your pertinent information. You will receive a response within 24 hours.

In Massachusetts, there is no such thing as “legal separation.” In other words, you are either married or you are divorced—there is no official legal status for married couples who live apart. However, if you are married but living separately from your spouse, you may still want to establish custody arrangement, receive alimony, receive child support, or receive health insurance coverage for yourself and your child. Under these circumstances, a married person may file a Complaint for Support or a Complaint for Separate Support. You file a Complaint for Support if you: 1. Want to stay married; and 2. Do not to need establish a custody arrangement; and 3. You need, alimony, child support, or health insurance coverage for you and your child. You file a Complaint for Separate Support if you: 1. Want to stay married; and 2. You need to establish a custody arrangements; and 3. You need alimony, child support, or health insurance coverage for you and your child. If you have any questions about Complaints for Support or Complains for Separate Support, please contact the Law Office of Muska Yousuf by email (myousuf@muskayousuf.com), phone (508-237-7785), or by going to the “Contact” tab on this website and filling out your pertinent information. You will receive a response within 24 hours.

In a family court case, when the judge issues a final judgment after a trial, or when the parties come to a final agreement on their own, both parties are bound by the terms of the judgment or agreement. However, under certain circumstances, a party may request that the judgment or agreement be modified. The party who wants to make a modification is called the “Plaintiff” and the party who wants to keep the judgment or agreement the same is called the “Defendant.” Under most circumstances, a court can modify a judgment or agreement if it involves one of the following: -Alimony -Child custody/Parenting time -Child support Under most circumstances, a court cannot modify a judgment or agreement if it involves one of the following: -The division of marital assets or debts -Any section of a Separation Agreement in which the parties specifically agreed to leave the terms un-modifiable To succeed in a Modification case, the Plaintiff must prove the following: -Alimony Modification: a material and substantial change in circumstances has occurred that requires that the amount or duration of alimony be modified. -Child Custody/Parenting Time Modification: a material and substantial change in circumstances has occurred, and it is in the child’s best interest to modify the existing custody/parenting time arrangement. -Child Support: there is an inconsistency between the amount of an existing child support order and the amount that would be paid under the Massachusetts Child Support Guidelines (there is no requirement that the discrepancy or inconsistence between the existing order and the Guidelines amount be the result of a material or substantial change in circumstances). After the Modification trial, if the judge decides that the Plaintiff has met his/her burden of proof, then the judge will modify the judgment or agreement in favor of the Plaintiff’s request. The modified judgment will then become the binding document that both parties must abide by. If the judge decides that the Plaintiff has not met his/her burden of proof, then the original judgment or agreement will remain the binding document that both parties must abide by. If you have any questions about Modification cases, please contact the Law Office of Muska Yousuf by email (myousuf@muskayousuf.com), phone (508-237-7785), or by going to the “Contact” tab on this website and filling out your pertinent information. You will receive a response within 24 hours.

In Massachusetts, if you are a victim of domestic violence, you have the option of filing a restraining order against your abuser. You are eligible to apply for a restraining order if your relationship to the abuser falls into one of the following categories: -You are or were married to one another -You are or were living together in the same household -You are related by blood -You have a child in common, regardless of whether you lived together or were married -You are or were in a substantial dating or engagement relationship To succeed in a restraining order case, you must prove to the court that the other party abused or currently abuses you. Abuse is defined by the law as one or more of the following: -Attempting to cause or causing physical harm -Placing you in fear of imminent serious physical harm -Using force, threat, or duress to cause you to engage in involuntary sexual relations. If you file for a restraining order, you can ask for many different forms of relief to help protect you and your family. Below is a list of orders you can ask for when you apply for a restraining order: -No abuse: The court can order the abuser to stop abusing you, your children, or any other household member. -No contact: The court can order the abuser to have no contact with you in person, by phone, by correspondence, through a third party, or by any other method. -Vacate the household: The court can order the abuser to leave your home immediately. If you live together, the abuser can be ordered to move out even if he or she owns the property. If you live in an apartment, your abuser can be ordered to move out even if he or she is the only person on the lease. -Stay away from home and workplace: The court can order the abuser to stay away form your home address as well as your workplace. This order often includes a distance, in yards, which tells the abuser how far to stay away from you. -Custody: The court can order that you have temporary custody of your children. -Support: The court can order the abuser to pay temporary alimony and child support for any children you have in common. -Damages: If the abuser harmed you or your property, and this resulted in you having to pay for medical care or repairs, you may ask the court to order the abuser to reimburse you. -Impound address: Upon your request, the court can order that your address be kept secret, by impounding it. If your address is impounded, this means it is kept confidential and will not appear on any documents, public or otherwise, to which the abuser has access. -No abuse or contact of minor children: The court can protect the minor children in your household by ordering your partner not to abuse them. -Treatment recommendations: The court may recommend a batterer’s intervention program for the abuser. -Surrender of firearms, suspension and surrender of firearm’s license, or firearm’s identification: The court, upon issuing a restraining order, must order the abuser to surrender all weapons and licensed to carry weapons. If you have any questions about Restraining Order cases, please contact the Law Office of Muska Yousuf by email (myousuf@muskayousuf.com), phone (508-237-7785), or by going to the “Contact” tab on this website and filling out your pertinent information. You will receive a response within 24 hours.

An uncontested divorce is filed when the spouses agree on all of the following issues: -Custody/parenting plan -Child support -Alimony -Division of marital assets and debts If the spouses don’t agree on all of the above issues, then they should file a Contested Divorce. In an uncontested divorce, the spouses have to draft a contract known as a “Separation Agreement.” The Separation Agreement must go into detail about the following: -If there are minor children, what is the custody/parenting schedule? -If there are minor children, who is obligated to pay child support and how much must he/she pay? -If there are minor children, how will the children’s medical insurance be covered? -If there are minor children, how will the children’s uninsured medical insurance be paid between the parents? -If there are children between the ages of 18-23, will child support continue? -If there are children in college, how will college expenses be paid between the parents? -If alimony is awarded, how much is the payor spouse obligated to pay the recipient spouse? -If alimony is awarded, how long is the payor spouse obligated to pay the recipient spouse? -How will each asset be divided between the spouses? -How will each debt be divided between the spouses? -How will the spouses deal with medical insurance coverage? -How will the spouses deal with uninsured medical expenses? -Are there any relevant tax consequences associated with child support, alimony, or the division of marital assets? -Will the contract be modifiable in the future? If you have any questions about Uncontested Divorces, please contact the Law Office of Muska Yousuf by email (myousuf@muskayousuf.com), phone (508-237-7785), or by going to the “Contact” tab on this website and filling out your pertinent information. You will receive a response within 24 hours.

If you and your child’s other parent are not married, all the laws governing child support and custody still apply to you. In other words, if you are not currently or formerly married to your child’s other parent, you can still ask the court to do the following: -Order child support -Establish a custody arrangement/visitation or parenting time for non-custodial parent If you and your child’s other parent have signed a Voluntary Acknowledgment of Parentage Form: -Then either parent can file a Complaint for Support-Custody-Parenting Time and request that the court order child support, establish a custody arrangement, or grant the non-custodial parent visitation/parenting time. If you and your child’s other parent have not signed a Voluntary Acknowledgment of Parentage Form: -Then the parent who wants to request that the court order child support, establish a custody arrangement, or grant the non-custodial parent visitation/parenting time must first file a Complaint to Establish Paternity. -After filing a Complaint to Establish Paternity, the court will likely order the alleged father to take a DNA test. -If the results of the DNA test conclude that the alleged father is the biological father of the child, then either parent can file a Complaint for Support-Custody-Parenting Time and request that the court order child support, establish a custody arrangement, or grant the non-custodial parent visitation/parenting time. If you have any questions about your rights as a parent to a child born outside of marriage, please contact the Law Office of Muska Yousuf by email (myousuf@muskayousuf.com), phone (508-237-7785), or by going to the “Contact” tab on this website and filling out your pertinent information. You will receive a response within 24 hours.