Increased Opportunity to Change the Child Support Amount

On March 12, 2013, the Supreme Judicial Court recognized that a contradiction exists between Massachusetts statutory law and the Child Support Guidelines.

2013-03-17

BOSTON, MA, March 17, 2013 (Press-News.org) Recently, on March 12, 2013, the Supreme Judicial Court recognized that a contradiction exists between Massachusetts statutory law and the Child Support Guidelines; both are supposed to be used together in determining whether child support can be modified and if so, how much. The calculation for determining how much child support should be paid has not changed, but standard for determining whether a parent can seek an increase or decrease in child support payments has changed; for now, anyway.

This conflict arises between Massachusetts statue (MGL ch. 208 section 28) , which uses the "inconsistency" standard and the Massachusetts Child Support Guidelines, which use the "material change in circumstance" standard; the latter being a higher standard to overcome if seeking a modification. The Supreme Judicial Court has determined that the lower standard stated in the statute, or "inconsistency" standard must be used by a judge rather than the higher standard of "material and substantial change in circumstance" standard. However, this change will not affect any parent who has had a child support order of at least three (3) years or has a major financial change in health insurance coverage for the children. Those parents can file for a modification without worrying if they can meet either standard.

To understand the conflict between the legislation and guidelines, one must read the language of each. The Child Support Guidelines, as revised in 2009, state that child support may be modified if any of the following circumstances exist:

1. The existing order is at least three years old; or
2. Health insurance previously available at reasonable cost is no longer available or if available but not at a reasonable cost); or
3. Health insurance not previously available to a party at reasonable cost has become unavailable; or
4. Any other material change in circumstances has occurred (emphasis applied).

In contrast, under Massachusetts statutory law, MGL ch. 208 section 28 , child support shall be modified if there merely "an inconsistency between the amount of the existing order and the amount that would result from application of the child support guidelines.

The Supreme Judicial Court recognized that when the language of a statute is clear, as it is in MGL ch. 208 section 28, which uses the "inconsistency standard", then Courts must apply the language/standard of the statute.

Website: http://www.mavrideslaw.com/

ELSE PRESS RELEASES FROM THIS DATE:

Cogent Road Announces Integration with SmartGFE

2013-03-17

Cogent Road, a provider of innovative cloud-based mortgage technologies, announced the integration of its Roohmz Enterprise Loan Production System with the SmartGFE service from ClosingCorp. SmartGFE provides loan officers with automated access to state, county and city-specific service providers, whose fees then populate the Good Faith Estimate (GFE) and Service Provider List, required as part of an applicant's mortgage loan transaction. It incorporates closing cost data generated from more than 12,000 real estate service providers, including title and settlement rates, ...

One ReverbNation Musician Will be Chosen to Perform at the Race for the Cure

2013-03-17

The last submission is in and over 1,000 bands are waiting to hear if they've been chosen to perform at the 2013 'Race for the Cure'. Susan G. Komen Los Angeles County and ReverbNation, partnered to give independent bands the opportunity to become a part of the new concert series, inviting their fans and perhaps gaining a few more as they perform in front of the expected 15,000 people taking part in the 'Race for the Cure'. The 17th annual family friendly event will take place at Dodger Stadium on March 23, 2013 with their 5K, their Kids Fun Run and for the more serious ...

Depression in kids linked to cardiac risks in teens

2013-03-16

AUDIO: Cardiologists and mental health professionals know that there's a link between depression and heart disease. Depressed adults are more likely to have heart attacks, and if they do have a... Click here for more information. Teens who were depressed as children are far more likely than their peers to be obese, smoke cigarettes and lead sedentary lives, even if they no longer suffer from depression. The research, by scientists at Washington University School of Medicine ...

Earth-directed coronal mass ejection from the sun

2013-03-16

On March 15, 2013, at 2:54 a.m. EDT, the sun erupted with an Earth-directed coronal mass ejection (CME), a solar phenomenon that can send billions of tons of solar particles into space and can reach Earth one to three days later and affect electronic systems in satellites and on the ground. Experimental NASA research models, based on observations from the Solar Terrestrial Relations Observatory (STEREO) and ESA/NASA's Solar and Heliospheric Observatory, show that the CME left the sun at speeds of around 900 miles per second, which is a fairly fast speed for CMEs. Historically, ...

NASA's Swift, Chandra explore a youthful 'star wreck'

2013-03-16

While performing an extensive X-ray survey of our galaxy's central regions, NASA's Swift satellite has uncovered the previously unknown remains of a shattered star. Designated G306.3.9 after the coordinates of its sky position, the new object ranks among the youngest-known supernova remnants in our Milky Way galaxy. "Astronomers have previously cataloged more than 300 supernova remnants in the galaxy," said lead scientist Mark Reynolds, a postdoctoral researcher at the University of Michigan in Ann Arbor. "Our analysis indicates that G306.3.9 is likely less than 2,500 ...

NASA's Webb Telescope gets its wings

2013-03-16

A massive backplane that will hold the primary mirror of NASA's James Webb Space Telescope nearly motionless while it peers into space is another step closer to completion with the recent assembly of the support structure's wings. The wings enable the mirror, made of 18 pieces of beryllium, to fold up and fit inside a 16.4-foot (5-meter) fairing on a rocket, and then unfold to 21 feet in diameter after the telescope is delivered to space. All that is left to build is the support fixture that will house an integrated science instrument module, and technicians will connect ...

Drug-resistant MRSA bacteria -- here to stay in both hospital and community

2013-03-16

The drug-resistant bacteria known as MRSA, once confined to hospitals but now widespread in communities, will likely continue to exist in both settings as separate strains, according to a new study. The prediction that both strains will coexist is reassuring because previous projections indicated that the more invasive and fast-growing community strains would overtake and eliminate hospital strains, possibly posing a threat to public health. Researchers at Princeton University used mathematical models to explore what will happen to community and hospital MRSA strains, ...

Unhealthy eating can make a bad mood worse

2013-03-16

Taking part in unhealthy eating behaviors may cause women who are concerned about their diet and self-image to experience a worsening of their moods, according to Penn State researchers. In a study, college-age women who were concerned about their eating behaviors reported that moods worsened after bouts of disordered eating, said Kristin Heron, research associate at the Survey Research Center. "There was little in the way of mood changes right before the unhealthy eating behaviors," said Heron. "However, negative mood was significantly higher after these behaviors." According ...

The basics of the New Jersey workers' compensation system

2013-03-16

The basics of the New Jersey workers' compensation system Article provided by Sheffet & Dvorin, PC Visit us at http://www.sheffetdvorin.com New Jersey was one of the first states to establish a system of workers' compensation wherein work injury and occupational diseases are automatically covered financially by employers regardless of fault. Employers no longer needed to worry about being hauled into court repeatedly. Likewise, employees were relieved of the expense and difficult burden of suing their employers, often impossible for average workers. Valid ...

Ignition interlocks for anyone convicted of DUI in Tennessee?

2013-03-16

Ignition interlocks for anyone convicted of DUI in Tennessee? Article provided by McLendon & Milligan Visit us at http://www.mmlawtn.com State and local government officials take a strong stance against drunk driving. Legislators increase the potential penalties that are in place for a conviction, and local law enforcement agencies aggressively target drunk drivers in their communities. When a motorist is pulled over by law enforcement in Tennessee, he or she may not have any idea why police decided to make a traffic stop. When the officer approaches the ...

LAST 30 PRESS RELEASES:

New species of tiny pumpkin toadlet discovered in Brazil highlights need for conservation in the mountain forests of Serra do Quiriri

Reciprocity matters--people were more supportive of climate policies in their country if they believed other countries were making significant efforts themselves