New Massachusetts Uniform Probate Code. On
March 31, 2012, the Massachusetts Uniform Probate Code will go into effect
which code will overhaul the probate system in Massachusetts with new language
to be used in estate planning documents, new intestate laws and instituting
both a formal and a more streamlined informal probate process.
2011 Alimony Reform Law. On September 27, 2011,
Governor Patrick signed the 2011 Alimony Reform Law which created four
categories of spousal support and instituted comprehensive guidelines for the
various types of alimony. Alimony as formerly known continues as the general
term “Alimony” but is available only in long term marriages and will
automatically terminate upon the payor reaching full retirement age.
There are 3 new types of alimony for short term marriages: (1)
Rehabilitative alimony is awarded in cases where the spouse is expected to
become self-sufficient by a predicted time and cannot last longer than 5
years. (2) Transitional Alimony can be a periodic or lump sum award for the
purposes of transitioning the recipient to an adjusted lifestyle or location
and cannot last longer than 3 years. (3) Similar to Transitional Alimony,
Reimbursement Alimony can be a periodic or lump sum award but is designed to
compensate the recipient spouse for his/her contribution to the financial
resources of the payor spouse such as for education or job training and cannot
last longer than 5 years. Rather than the varying calculations for
determining the amount of alimony, with the exception of Reimbursement Alimony,
alimony will be between 30%-35% of the difference between the parties' gross
incomes. The most important aspect of the 2011 Alimony Reform Law is the
limitations on duration. Under the new law, the duration of alimony is as
follows:
In marriages lasting less than 5 years, alimony cannot be longer than 50% of the marriage.
In marriages lasting between 5 and 10 years, alimony cannot be longer than 60% of the marriage.
In marriages lasting between 10 and 15 years, alimony cannot be longer than 70% of the marriage.
In marriages lasting between 15 and 20 years, alimony cannot be longer than 80% of the marriage.
In marriages lasting 20 years or more, alimony ends at full retirement age
The new alimony law is retroactive to earlier judgments as to duration only, not to amount, and specifically sets forth the dates on and after which parties can file complaints for modifications as follows:
March 1, 2013 for marriages lasting 5 years or less.
March 1, 2014 for marriages lasting 10 years or less.
March 1, 2015 for marriages lasting 15 years or less.
September 1, 2015 for marriages lasting 20 years or less.
2009 Child Support Guidelines. The 2011 Alimony Reform Law was a continuation of the Probate and Family Court's ongoing efforts to overhaul its system to conform to other states and current trends. As with alimony, the Probate and Family Court had reformed the child support guidelines in 2009. The revised guidelines apply in cases in which there is up to $250,000 in combined available income and where the recipient has approximately 2/3 physical custody. Where physical custody is shared equally, the new guidelines favor calculating support due as the difference between guideline obligations calculated for each parent. There is no longer an automatic exclusion for attribution of income where children are under age 6. Rather, attribution can be argued and applied to both the payor and the recipient. Minimum presumptive weekly support for combined incomes over $250,000 is $950 and additional support is discretionary. If the combined income is over $300,000 large deviations may be granted. Unlike prior guidelines, reasonable voluntary child support payments for a payor's children from another parent may be deductible even if there is no Court order in place. Both parents can deduct payments for reasonable health insurance costs even if those costs include a second family. Parents can only deduct payments for dental and vision insurance if that insurance covers the child(ren) at issue. Deviations from the guidelines can be made in about 20% of cases.
