FAMILY LAW FALLACIES AND FACTS
Family law, like many areas of law, contains many myths or beliefs which are spread through casual conversation or, sometimes, even by well-meaning friends. These false legal conclusions can often lead to misinformation for people who are faced with divorce or other family law issues. Below is a list of commonly held, erroneous beliefs:
FALLACY:
IF THE NON CUSTODIAL PARENT STOPS PAYING CHILD SUPPORT, I CAN SUSPEND VISITATION UNTIL HE OR SHE PAYS
FACT:
Parenting time with children is not contingent upon a child support payment. The two do not go hand in hand. Children are not for rent. If the non-custodial parent fails to meet his or her child support obligation, a contempt action should be filed to properly address the matter through the court. Suspending parenting time will expose the custodial parent to the possibility of a contempt action being brought against them, regardless of whether or not child support is up to date.
FALLACY:
MY CHILD IS OLD ENOUGH TO DECIDE WHICH PARENT HE OR SHE WANTS TO LIVE WITH
FACT:
In Massachusetts, children over the age of 14 may be allowed to voice their opinion as to where they would like to live. This opinion, however, is not determinative and the Judge will have the final say based on a number of different factors relating to the child’s best interest. The court may utilize the services of a Guardian Ad Litem to meet with the parties and the child and then provide a suggestion to the court regarding the custody of the child.
FALLACY:
MY PARTNER HAD AN AFFAIR SO I WILL GET EVERYTHING IN THE DIVORCE
FACT:
Under the Massachusetts divorce statute (M.G.L. Ch. 208, Sec. 34), there are a number of factors that are considered in determining an equitable division of a marital estate. Conduct during the marriage is only one factor that the court will consider. Although infidelity is grounds for divorce in Massachusetts, this is seldom used and the majority of divorces are filed based on the “irretrievable breakdown of the marriage”. In general, infidelity has relatively little impact on a divorce based on these grounds.
FALLACY:
I CAN SAVE MONEY AND REPRESENT MYSELF IN FAMILY COURT
FACT:
Few things are as important as our children and our financial security. Making the wise investment in competent legal counsel can help you achieve the best possible outcome while saving you money and aggravation down the road. Nothing is more frustrating that re-litigating a legal issue that could have been handled correctly, by a qualified family law attorney, the first time around.