What’s New?
Hello and welcome to our inaugural newsletter! A big thanks to everyone who helped us to open the “virtual doors”, which has been in the works for some time. I've been receiving lots of phone calls and email messages asking if I've joined a new firm. The answer is, yes and no. Peridot Family Law is a new LLC owned by me. Continuing on in the tradition of Runge Family Law, Peridot Family Law is committed to providing thorough and experienced legal services coupled with a holistic approach to resolving family law matters. Our new name and logo only help to further our vision in providing these services to our clients.
The Peridot Family Law Team.
Brian Bilodeau is the newest addition to our team. Brian is a 2018 Graduate of Ithaca College, where he graduated Magna Cum Laude with a degree in Economics & Legal Studies. Brian also has more than one year of litigation experience in the personal injury field. He is looking forward to assisting our clients with all of their Family Law matters. See Brian below.
How we can help right now?
Although our offices and the courts remain closed during the current health crisis, we are working remotely. We are still handling mediations, pre-nuptial and post-nuptial agreements, collaborative law cases in addition to continuing our trial preparation for when the Courts do re-open. We have also become quite adept with a number of virtual platforms. See picture of our team below.
|
|
Recent Presentation.
On March 10
th
, Cindy was a panel member in the Massachusetts Bar Association’s Wellness Panel. Cindy was a co-chair alongside Susan White, Esq. The panelist were: Andrew Kang, JD, LICSW; Shawn Healy, PhD and Susan Lynch, Esq. The panel discussed compassion fatigue, how to prevent burnout, tips for avoiding stress and anxiety for attorneys, clients, and professionals who work in and around the court system.
|
|
New Case:
D.B v. J.B.
, 97 Mass App. Ct. 170 (2020)
Duration of Temporary Alimony and the Freedom to Contract
By: Zoë Martin
Should temporary alimony paid to a spouse “in need” during the divorce process count towards the total number of months in which a payor must pay support? What does the term “in need” mean? These are some of the issues which are addressed in
D.B. v. J.B.
, a Massachusetts Appeals Court case, decided in April 2020. In
D.B
., the husband worked at an investment firm that managed private equity accounts. The wife was a stay-at-home mother, who raised the children, managed the house staff, and planned events for the husband’s career. While the case was pending in its pre-trial phase, the parties entered into a stipulation where the husband would pay the wife temporary support in the amount of $30,000 per month and agreed in writing that all temporary alimony paid would be credited against the durational limit the Court adjudged.
The Court determined that, as this was a 15-year marriage, alimony would be paid by the husband to the wife for 123 months, to terminate September 1, 2027. However, the Court did not take into consideration the 37 months of support paid while the divorce was pending. Husband appealed, arguing that the judge erred when not crediting him the months paid, and the determination of the wife’s need for the amount of alimony.
The Appeals Court first looked at the husband’s argument concerning the wife’s need for alimony, where he argued that although he had the ability to pay the amount, it was far in excess of what the wife needed to support herself. The Court looked at the policy behind alimony, and the need for support. In higher income cases, the family’s standard of living affects the children’s needs, and that children are entitled to participate in the noncustodial parent’s higher standard of living where applicable.
Brooks v. Piela
, 61 Mass. App. Ct. 731, 737 (2004). The judge in
D.B.
looked at the upper-middle class to upper-class lifestyle that the family enjoyed while together, the fact that the wife was out of the workforce for almost two decades, and her noneconomic contributions to the household in determining the amount of alimony.
The Trial Court reasoned that the parties agreed that any temporary support would be credited against the total number of months decided by the judge. The Appeals Court ruled it was error for the trial court judge not to consider the 37 months already paid when determining the total number of months alimony to be paid under the terms of their Agreement. As such, the issue was remanded to the trial court. The case addressed a number of other interesting issues, which were all affirmed.
|
|
Inner Work
Your Mind and Body
: Being stuck inside the house for long stretches of time can be mentally and physically exhausting. It can seem like the hours meld together as one because there are no specific physical breaks built into your day. Trying to keep yourself on a schedule can help you to stay grounded and focused. You can also stimulate the right side of your brain by working on some art of your own, read a book for pleasure, journal, work on a puzzle, or go for a walk. Staying active also helps improve your mood. Break out the home workout dvds (or if you are as old as me dig out your videos), yoga stretches, and the like. Make the most of this extended period while the world seems to be “on pause”. Consider staying in touch with friends and colleagues by using facetime or other virtual tools to stay connected, especially if you haven’t used them before. Seeing familiar faces can help all of us keep our spirits lifted.
Your Space
: Staying at home may be the perfect opportunity for you to get rid of some of the stuff (i.e. clutter) that you no longer need or want. Rather than thinking that you have to do it all at once, which can seem overwhelming, think about doing one draw, one closet or one room at a time. If you are living in a house with other people, you can recruit them to help you and try to make it fun. Although the process can seem daunting at first, once you are able to complete a section, you may notice that you start to feel “lighter” than you did when you started. Be well and take care.
|
|
|
|
|
|
|
