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Edelman. Again.

Yes, Julian Edelman. Again.

Rumors are quickly spreading that Julian Edelman is soon going to become a father. Assuming the story is true, he will be soon paying child support.

All children are entitled to financial support from their parents regardless of whether their parents were ever married. Although different in each state, all 50 states have established guidelines regarding how to determine the amount of child support to be paid.

In Massachusetts, we apply a simple calculation to determine the appropriate amount of child support. The basic formula looks at gross income of both parties, any child support being paid for other children (from prior relationships), number of the children, age of children, cost of day care, and cost of health insurance. Once that formula is applied, the parties and the Court have discretion to adjust that number based on specific need and lifestyle.

Child support is intended to cover necessities and other expenses. From family to family, the expenses can be drastically different. Where support for one child may be limited only to basic expenses, such as food, medical, shelter, and clothing, another family may include extras, such as camp, extra circular activities, higher education, and entertainment.

More than likely, Edelman’s child support will be by private agreement. If the typical formula were applied to this case, the suggested child support would far exceed the maximum order, because of his income. More than likely, the “one pony” theory will probably be applied: there is nothing wrong with a child having can have a pony, but they do not “need” more than one.

If you have questions regarding how much you should be receiving or paying in child support, please feel free to contact this office. We would be happy to help you to determine the appropriate amount of your current or potential child support.

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Hello, Daddy!

I remember when we brought our first child home. It was a time of joy, excitement, and very little sleep. We were fortunate that my husband was able to take a week or so off from work. I remember feeling a bit envious we my husband returned to work, but only because it meant that I would volunteer to do feedings after midnight, so that he could be relatively “awake” when he went to the office.

Starting in April, 2015,  new fathers will have an opportunity to take up to eight (8) weeks of paternity leave. Massachusetts General Laws 149, Section 105D, as amended by St. 2014 c. 484 provides eight (8) weeks of paternal leave for the purpose of giving birth, placement in the home of a child under the age of 18, or the placement of a child under the age of 23 if that child has mental or physical disabilities.

The newly amended law provides an amazing opportunity for all fathers. The men that I have spoken about this with have told me that they would be unlikely to take such a significant amount of time off from work; however, they seemed excited that it would give them potential flexibility.

Fathers must satisfy simple criteria to qualify for paternal leave. First, the father must have worked at the company for at least three (3) months or the probationary period of employment. Second, the father must tell the employer of his anticipated departure with at least two (2) weeks notice and his expectation to return.

Of course, there is are exceptions within the new law. The most significant areas of concern are relate to the work environment and are intended to protect the employer. The size of the company dictates whether the new father is able to take advantage of the new law. Similarly, where both parents work for the same employer, the total time of leave is limited to eight (8) weeks.

As my grandmother always says, “A new baby to love is always a good problem.” Under the new laws, new dads have a baby to love and can now decide whether they want to take more time to love that baby from their home. I think that my grandmother would consider that an excellent problem.

Please feel free to share this post with anyone who may be interested. Receipt of same is not intended to offer specific legal advise or create an attorney-client relationship.