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Median, Mode and Range.

ong, long ago, we were in a graduate school statistics class* as a precursor to beginning a Master’s thesis study. The most important take away from the class was understanding that how you manipulate numbers determines whether your hypothesis is supported or disproven. Whether by median, mode or average, we still love to look at data and determine how to best use it to our client’s advantage. We recently found some some statistics related to divorce** that we thought would be fun to share:

1. The divorce rate has dropped significantly over the years last 10-15 years. While it was previously thought that you had a 50% chance of getting a divorce, the current rate is thought to be around 39%. The reason for the decline could be due to so many things, including millennials getting married later or not at all.
2. Nevada continues to have the highest divorce rate in the United States. Apparently, what happens in Vegas does not stay in Vegas and regret does fit in a suitcase.
3. Massachusetts actually has one of the lower rates of divorce in the United States. It is thought that the divorce rate within the Commonwealth is approximately 2.6%; however, this statistic is slightly skewed because some states, including Georgia, Hawaii and Minnesota do not even report their statistics.
5. The global divorce rate has increased by 252% since the 1960’s. Russia is believed to have the highest divorce rate in the world; it seems reasonable that it will continue to maintain that top spot given the stress related to recent world events.
6. Second (and any thereafter) are more likely to fail than a first marriage. We often ponder if people who are married more than twice are really just hopeless romantics who aspire, but struggle to find ever lasting love.

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Extinct Like a Dinosaur.

Every four years, the Massachusetts Probate and Family Courts task force re-evaluates the child support guidelines to determine their effectiveness and what changes need to be made. Last fall, the court launched new guidelines which made the 2018 version extinct. Some of the notable changes can lead to a significant change for both the payor and the payee:1. The minimum order has decreased from $25 per week to between $12-20 per week. While the change may not seem significant, the relatively small difference can be profound for a parent who is already receiving such a minimal amount and trying to feed and clothe a child.2. By contrast, the maximum threshold for combined gross income to be used for calculations has increased from $250,000 to $400,000 per year. Depending on income level, the child support order can actually go up or down under the new guidelines even if the income used hasn’t changed.3. Guidelines now allow for an order up to 40% of payors income under circumstances. In cases where the guidelines suggest an order in excess of 40%, then there is an opportunity for court approved deviation from those guidelines.4. Orders which cover more than one child are generally higher than they would have been under the previous guidelines.5. Child care expenses are now more proportional based on the parents’ ability to pay for the first $355 per week per child.6. Social security benefits are now more defined. Under the 2021 guidelines, social security benefits and SSDI are now considered, especially if one of the parents are receiving benefits for one or more of the children.7. Additional income can now be used in calculation of child support. Generally speaking, the parties can now include any stock benefit, incentives and overtime when determining a party’s income. We expect that the courts will continue to look at three (3) years of history to determine if that income is an expectation or a one time event.As always, please feel free to reach out to us with any family law or other issues if we can be of help to you. Regards,John & Faye

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Extinct Like a Dinosaur

 

Every four years, the Massachusetts Probate and Family Courts task force re-evaluates the child support guidelines to determine their effectiveness and what changes need to be made. Last fall, the court launched new guidelines which made the 2018 version extinct. Some of the notable changes can lead to a significant change for both the payor and the payee:

1. The minimum order has decreased from $25 per week to between $12-20 per week. While the change may not seem significant, the relatively small difference can be profound for a parent who is already receiving such a minimal amount and trying to feed and clothe a child.
2. By contrast, the maximum threshold for combined gross income to be used for calculations has increased from $250,000 to $400,000 per year. Depending on income level, the child support order can actually go up or down under the new guidelines even if the income used hasn’t changed.
3. Guidelines now allow for an order up to 40% of payors income under circumstances. In cases where the guidelines suggest an order in excess of 40%, then there is an opportunity for court approved deviation from those guidelines.
4. Orders which cover more than one child are generally higher than they would have been under the previous guidelines.
5. Child care expenses are now more proportional based on the parents’ ability to pay for the first $355 per week per child.
6. Social security benefits are now more defined. Under the 2021 guidelines, social security benefits and SSDI are now considered, especially if one of the parents are receiving benefits for one or more of the children.
7. Additional income can now be used in calculation of child support. Generally speaking, the parties can now include any stock benefit, incentives and overtime when determining a party’s income. We expect that the courts will continue to look at three (3) years of history to determine if that income is an expectation or a one time event.

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Bliss.

Love and marriage, love and marriageGo together like a horse and carriageThis I tell you brotherYou can’t have one without the otherLove and marriage, love and marriageIt’s an institute you can’t disparageAsk the local gentryAnd they will say it’s elementaryTry, try, try to separate themIt’s an illusionTry, try, try, and you will only comeTo this conclusionLove and marriage, love and marriageGo together like a horse and carriageDad was told by motherYou can’t have one without the other– Frank SinatraOne of our kids recently asked, “Why do people get married?”  The obvious answer is love, but people actually marry for different reasons. Often, when people are young, they marry for love, the celebration and the hope dream of happily ever after life.   As they get older, people marry for different reasons, including security.Being married does come with some financial benefits. Not only are there often tax advantages, but also pensions, social security, medical insurance and similar benefits. To the contrary, some people do not marry for opposite reasons, such as maintaining a death benefit receiving from a deceased spouse.   Many people don’t realize how important these financial implications are until they are separating and they become more of a consideration.There are also legal benefits to being married. While we will always recommend that individuals have their estate plan in place, being married may also allow for  any next of kin privileges at hospitals (including decision making and visitation),  paternity/ maternity rights,  as well as coverage under the Family Medical Leave Act. One of the most interesting parts of helping establish a Prenuptial Agreement is that it causes people to think about these things before they are married; however, more often than not, we find that people don’t really think about them until they are in their golden years or contemplating divorce. As always, please let us know if we can help you in any way. Warm wishes for a healthy and prosperous 2022.John & Faye

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A Solid NO.

A Solid NO.

Pretty much every time that we talk about child custody or parenting, the phrase “Best Interest of the Child” is either uttered or written. If you have been divorced within the last decade or so, you have attended a parent education class which focuses on co-parenting.

We can actually tell a lot about our clients depending on how they react to the parenting class. Great parents seem to take the class hoping to gain some ideas and bad parents often think that the information doesn’t apply to them.

The principles should be basic but we want to share them nonetheless. If you are a co-parent, there are things that you should never ever do:

1. Never talk negatively about your co- parent. Your child loves both parents and, if you talk trash about their other parent, they will potentially internalize it as disapproval of who they are as an individual;
2.  If the co- parent starts dating someone or gets married, do not criticize that new person to your child. Children need to form their own opinions and build their own relationships;
3. Do not cancel out on parenting time if you can avoid it. Things happen: people get sick, work runs late and emergencies happen. Cancellations should be exceptions, not the standard;
4. Do not set rules in your home that are drastically different from the home they have with your co- parent. Will there be some minor differences? Of course. The best things for a child are stability, structure and predictability. It probably doesn’t make a huge difference if one home eats at 5pm versus 6pm, but bed times that are hours apart will create a grumpy and confused child;
5. Do not spoil your children too much during your parenting time. It’s really tempting to be the “fun parent,” especially if you are not with your child on a daily basis. Kids do not love you because you sneak them extra cookies (though many grandparents would disagree);
6. Do not leave all homework to the other parent. Almost nobody enjoys Common Core math  but chances are that one parent doesn’t mind it as much as another. Work together to use your talents, skills and knowledge whenever possible. Your children will benefit academically and they will that both parents make them their top priority;
7. Do not ignore your children when you have time with them. Consider playing Xbox WITH your child instead of just letting them sit in the basement alone. Quality time is always more important than quantity;
8. Do not forget to have fun together while also teaching life lessons.  Chores are not really fun, but they are important and can be done together. Teach your child to mow the lawn, do laundry and other life skills, then celebrate a job well done together;
9. Do not introduce your child to every person that you date. If you are serious with someone, it might be appropriate that your child gets to know this new person.  Before you introduce that person to your child, talk with the other parent and the child to let them know that it is going to happen so that everyone can support the child emotionally. If your child is not comfortable meeting someone, take that cue and wait. When you do make an introduction, keep it light and short. Allow your child and your person to develop a relationship on their own and at their own pace.

As always,  please let us know if you have any questions about this or any other legal matters.

Regards,
John & Faye
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