As children get older and start attending school, parents who are not living together will have to determine how/if they will amend their parenting plan to accommodate school vacations (if a provision for same has not already been included in a temporary order or judgment). There are many ways to divide vacation time between parents, and there is no "wrong" answer so long as the parents are doing what is in the children's best interest. Most parents will alternate school vacations each year, so that in odd years parent A takes the children from Monday through Friday while parent B takes the children in even years. Other parents may decide to split the vacation in half, so that parent A has the children from the last day of school through mid-week, while parent B takes the children from mid-week through the Monday morning that school reconvenes.
For the most part, agreements or court orders made regarding vacations supersede the regular parenting schedule. So if during the school year parent A has the children every other weekend from Friday evening through Monday morning and for an overnight each Wednesday, but the parties have agreed to alternate school vacations each year, parent A may not have any vacation time with the minor child(ren) if it is not his or her vacation year. While this may seem unfair at the time, it ends up working out over the years. However, if going so long without seeing a parent would be detrimental to the child(ren), the parents can agree to include a mid-week visit with the non-vacation parent, or to give that parent the weekend immediately following or preceding the vacation.
February school vacation is fast approaching, and it is best to reach an understanding of how the vacation week will look like as soon as possible. If the parties are unable to come to an agreement, a party can seek assistance from the court.
(c)2014 by Law Office of Leila J. Wons. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."
Saturday, February 2, 2013
Wednesday, January 2, 2013
When to use the Department of Revenue
When deciding on a child support amount, the parties must also determine whether or not they want to use the Department of Revenue (DOR) for collecting and distributing payments. While going through DOR may not work for everyone, I usually recommend it. DOR keeps track of every payment received, calculates interest, and can take necessary enforcement steps if the payor is not current on his/her payments. For example, DOR can have the payor's driver's license suspended, can intercept tax returns, can garnish wages, or can even have a passport revoked.
Having DOR involved also makes it easy to present to a judge a detailed report of every payment made, in the event that the parties return to court on a Complaint for Contempt or Modification. This is much easier than combing through bank statements and deposit slips to figure out the arrears amount.
Having DOR involved also makes it easy to present to a judge a detailed report of every payment made, in the event that the parties return to court on a Complaint for Contempt or Modification. This is much easier than combing through bank statements and deposit slips to figure out the arrears amount.
If you decide not to go through DOR initially, you can always request DOR's services at a later date, unless a court order specifically prevents you from doing so. As there are DOR offices in many courthouses throughout Massachusetts, it is fast and easy to obtain the necessary paperwork and submit it.
Go to the Department of Revenue-Child Support Enforcement website to learn more.
(c)2014 by Law Office of Leila J. Wons The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."
Speaking to Children About Divorce
Speaking to your children about divorce can be an extremely difficult process. Parents often disagree on the amount of knowledge children should have about the divorce process and what his/her parents are going through. Some parents feel that the children should be fully informed regarding the status of the divorce (i.e. when the parents are going to court, what the issues are, etc.) while others believe that children don't need to know anything other than the existence of a pending divorce. Depending on the child's age, it is advised that children not be given detailed information about the pending proceedings, as that will likely cause unnecessary stress and anxiety. Likewise, children should not be left in the dark about his/her parent's relationship. It is important to let children know that a divorce is taking place, but it is difficult to determine the right way to do it. Should the parents talk to the children individually? Should there be a family meeting? Is this something that is better handled in therapy or even with the assistance of a favorite teacher? There is no right answer, but fortunately there are some tools to help.
Sesame Street has recently released a series of videos and other tools to help children understand that they are not alone, and that it is OK to have and share certain feelings about the process. Showing children these videos may help prepare them for an open conversation about the pending divorce, or may help to follow-up with a conversation that has already taken place. You can find a link to these videos here.
In addition to the Sesame Street videos, there is a large amount of literature available to help parents address the divorce process with their children, as well as books specifically catered to children of divorce. Some of my recommendations include:
(c)2014 by Law Office of Leila J. Wons The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."
Sesame Street has recently released a series of videos and other tools to help children understand that they are not alone, and that it is OK to have and share certain feelings about the process. Showing children these videos may help prepare them for an open conversation about the pending divorce, or may help to follow-up with a conversation that has already taken place. You can find a link to these videos here.
In addition to the Sesame Street videos, there is a large amount of literature available to help parents address the divorce process with their children, as well as books specifically catered to children of divorce. Some of my recommendations include:
- Helping Your Kids Cope with Divorce the Sandcastles Way by M. Gary Neuman;
- Divorce is Not the End of the World: Zoe's and Evan's Coping Guide for Kids by Zoe and Evan Stern;
- Two Homes, by Claire Masurel
(c)2014 by Law Office of Leila J. Wons The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."
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