Law Offices of Meridith A. Gregory, LLC North Andover Family Law Attorney | Divorce and Child Relocation 2026-10-12T15:27:06Z https://www.boileaucarol.com/feed/atom/ WordPress On Behalf of Law Offices of Meridith A. Gregory, LLC <![CDATA[Who can register the child as a tax dependent after divorce?]]> https://www.boileaucarol.com/?p=48039 2026-10-05T09:58:02Z 2026-10-08T09:57:11Z How do you know if you are eligible to claim? To keep things fair and consistent, the IRS follows specific guidelines to determine who can claim a child: The primary residential parent usually claims the child. In most cases, this is simply the parent where the child stayed for most over the course of the tax year.
  • If parenting time is split evenly, the IRS grants the exemption to whichever parent reports the larger adjusted gross income.
  • That said, parents can agree to let the secondary residential parent claim certain tax benefits, provided federal guidelines are met.
 

Is it possible for parents to take turns claiming the child?

Yes, but only if the IRS rules are followed. In many cases, the primary residential parent must sign IRS Form 8332 to release the claim for specific tax years. That release can apply to the Child Tax Credit, as well as benefits tied to the child. For example, Form 8332 does not let the secondary residential parent claim head of household status. A divorce agreement should clearly say which parent could claim the child and for which years. The agreement should also match federal tax rules.  

What if both parents want to claim the child?

In the event that both parents try to claim the child on e-filed federal returns, the IRS might reject one return if the child’s social security number was already used. If both parents file paper returns claiming the child, the IRS may review both returns and apply its tie-breaker rules. Those rules usually favor the parent who meets the residency and income tests. A divorce decree or private agreement does not always control the federal tax result. Keep clear records of where the child lived during the year. If you are unsure which parent may claim the child, speak with a family law attorney before filing.]]> On Behalf of Law Offices of Meridith A. Gregory, LLC <![CDATA[Legal custody vs. physical custody: know the difference]]> https://www.boileaucarol.com/?p=48017 2026-09-23T14:19:03Z 2026-09-28T14:18:20Z What is legal custody? Legal custody dictates who makes the major calls regarding your child’s welfare. It usually includes decisions related to your child’s education, religious development and medical care. The parent who gets sole legal custody usually holds exclusive decision-making authority. In shared legal custody, both parents have a say in their child’s life decisions.

What is physical custody?

Physical custody answers two important questions: where the child will stay and which parent will take care of the child on a daily basis. In the case of sole physical custody, the child stays under the roof of one parent only. The non-primary parent typically receives "reasonable parenting time," unless the court determines that contact would endanger the child’s health or be against the child’s best interest. In shared physical custody, your child is allowed to live with both parents, typically allowing the child to spend significant time with each parent, though the specific schedule depends on the terms of the court order.

Legal custody vs. physical custody: A quick comparison

The main difference is that legal custody covers decision-making, while physical custody covers where the child stays and daily care. In some families, parents share both types of custody. In others, one parent may have sole physical custody while both parents share legal custody. For a broader overview of state rules, you can consult a family law attorney.]]> On Behalf of Law Offices of Meridith A. Gregory, LLC <![CDATA[Rebuilding your finances after the divorce is final]]> https://www.boileaucarol.com/?p=48015 2026-09-03T09:39:25Z 2026-09-08T09:37:35Z Establish separate financial accounts right away Opening bank accounts and credit cards in your name alone protects your income and starts building an independent credit profile. Your divorce settlement determines how assets are divided – most states use an equitable distribution standard, and a smaller number follow a community property model. Regardless, redirect your paycheck, update automatic payments and close joint accounts as your settlement requires. Banks are generally not required to enforce divorce decrees, so a joint account may remain accessible to your former spouse until you act.

Reassess your budget and financial priorities

Your post-divorce budget will likely look very different from what you managed as a couple. Start by documenting your income, fixed expenses and discretionary spending to identify gaps. Childcare, health insurance and debt payments often consume a larger share of a single income than anticipated. Many people need to reduce discretionary spending or bring in additional income to make up the difference.

Update beneficiaries and estate documents

Divorce does not automatically update your beneficiaries – at least not on everything. Some states have laws that automatically revoke a former spouse's interest in certain estate planning documents and financial accounts – such as wills and pay-on-death designations – once a divorce is final. But those laws vary by state and do not cover everything. They do not apply to your 401(k) or other employer-sponsored retirement plans. Federal law controls those accounts and overrides your divorce decree. If your former spouse is still listed, they could inherit your retirement funds even after the divorce. After a divorce, consider updating all of the following:
  • Account beneficiary designations (life insurance, 401(k), IRA, bank accounts)
  • Will and any testamentary trusts
  • Power of attorney (financial)
  • Healthcare proxy or medical power of attorney
Post-divorce financial recovery takes time, and the early steps matter most. Updating accounts, adjusting your budget and reviewing your beneficiaries in the weeks following your divorce can prevent costly gaps that are difficult to fix later. If you have questions about what your divorce agreement requires – or whether the financial terms are being followed – a family law attorney can review your situation and explain your options.]]> On Behalf of Law Offices of Meridith A. Gregory, LLC <![CDATA[Can the primary custodian move out of state with their child?]]> https://www.boileaucarol.com/?p=48012 2026-08-20T08:15:28Z 2026-08-25T08:14:49Z Packing up boxes and leaving for a new state can be a breath of fresh air. But that excitement comes with major legal hurdles if you are from Massachusetts and want to move out. Here is what you need to know. 

The legal procedure 

Under Massachusetts law, one parent cannot remove a child who is a native of or has resided five years within this commonwealth without official authorization. This is typically granted in one of two ways: explicit written consent from the non-relocating parent or a court order. Taking off without one of these can lead the court to order the immediate return of the child.

What if the other parent disagrees?

If your spouse disagrees, you can petition the court for permission with the help of an attorney. It is important to note that the Massachusetts courts focus on the purpose and likely impact of relocation on the child before giving a judgment. It usually looks at relocation favorably if it is helping the parent significantly from which a child may also benefit indirectly. Most importantly, the court may ask, do the benefits of relocation truly outweigh uprooting the child from their primary residence? If the relocation is largely against the best interests of the child, the court may not allow the child to leave Massachusetts. 

Charting the path ahead

Relocation disputes in Massachusetts can be challenging. With a Massachusetts family law attorney in your corner, you can fight to protect your rights as a parent while keeping your child’s best interests at the heart of the journey.]]> On Behalf of Law Offices of Meridith A. Gregory, LLC <![CDATA[Can divorce put your minority business interest at risk?]]> https://www.boileaucarol.com/?p=48006 2026-08-13T13:18:36Z 2026-08-18T13:18:12Z How courts treat business interests in divorce No two business interests are exactly alike. Before deciding how to treat a minority ownership interest, a court may consider questions such as:
  • Is the ownership interest marital or separate property?
  • When and how did you acquire the interest?
  • Do shareholder, partnership or operating agreements affect the ownership interest?
  • What is the ownership interest worth?
  • Do limits on selling or transferring the interest affect its value?
The answers help determine whether the ownership interest becomes part of property division and, if so, how a court treats it.

Valuing minority interests

For many business owners, value becomes the central issue. Unlike publicly traded stock, an interest in a closely held business does not have a public market price. Financial professionals may review company records, earnings and future income potential. They may also consider whether limits on control or transfer reduce the interest's value. Because valuation methods can produce different results, each spouse may present separate valuation evidence.

The role of business agreements

If you own a minority interest in a closely held business, you may already have a shareholder agreement, partnership agreement or operating agreement. Those documents can limit who may acquire an ownership interest and explain what happens when an owner leaves the business. Still, those agreements do not automatically determine how a divorce court classifies or values your interest. Instead, the court may consider the agreement together with the facts of the marriage and the applicable law.

How valuation affects property division

Owning a minority interest does not automatically mean you will lose part of your business during divorce. The larger question is how that interest fits into the overall division of marital property. Because a minority ownership interest can have substantial value, disagreements about classification and valuation may affect the division of other marital assets. That means the value of your business interest can affect the overall financial outcome even if ownership of the company does not change.]]> On Behalf of Law Offices of Meridith A. Gregory, LLC <![CDATA[When can you modify a child custody order? ]]> https://www.boileaucarol.com/?p=48011 2026-08-07T11:20:32Z 2026-08-12T11:19:56Z A material change in circumstances Families’ needs evolve, and Massachusetts courts recognize that. A child custody order isn’t necessarily permanent, but it can’t be changed on a parent’s whim or desire for a new schedule. To modify a custody order, the petitioning parent must show:
  1. There has been a material and substantial change in circumstances since the current order was entered
  2. Modifying the custody arrangement is best for the child
Material changes are significant enough to affect the child’s well-being or the practicality of the current arrangement, such as the following:
  • One parent plans to relocate.
  • A parent’s work schedule has changed.
  • A child has new educational or medical needs.
  • There are concerns regarding substance abuse, domestic violence or neglect
The court will carefully evaluate the facts of the case and consider factors including:
  • The child’s relationship with each parent
  • The child’s home, school and community environment
  • Each parent’s ability to provide a safe environment
  • Each parent’s ability to meet the child’s physical and emotional needs
Depending on the child’s age and maturity, the court may also consider the child’s preferences when reviewing the overall circumstances. Requesting a child custody modification involves more than simply completing a form and submitting documentation. The court must be convinced that modifying the order will benefit the child. A legal professional can review the reasons for your request and whether it may justify a modification. Their guidance can help protect your parental rights while working toward an arrangement that supports your child’s well-being.]]> On Behalf of Law Offices of Meridith A. Gregory, LLC <![CDATA[Prenups in second marriages]]> https://www.boileaucarol.com/?p=48007 2026-07-24T11:52:29Z 2026-07-29T11:51:48Z A second marriage often comes with unique considerations typically not found in first marriages. Both spouses may have children, established careers, retirement savings, businesses and real estate. It's a common misconception that prenuptial agreements are for wealthy people or that they signal that one spouse expects the marriage to fail. In reality, they are practical planning tools that help couples define expectations and protect assets. Here is what you should know:

Why second marriages present different financial challenges

By the time people remarry, they may have accumulated assets and financial obligations that didn't exist during the first marriage. One or both spouses may own a home, operate a business or support children from a previous relationship. Without clear planning, these issues can become more complicated if the marriage ends in divorce or the death of a spouse. A prenuptial agreement is a written contract signed before marriage that establishes how certain financial matters will be handled both during the marriage and if the marriage ends. Rather than depending on the law to determine property division, couples can create an agreement tailored to their specific needs. Depending on the couple's goals, a prenup can address topics such as:
  • How certain assets and debts will be treated during the marriage
  • Which property will remain separate property
  • Existing financial obligations
One of the most important reasons people entering a second marriage should consider a prenup is to help protect the financial interests of children from a prior relationship.  For example, a parent may want to preserve ownership of:
  • A family home
  • Family heirlooms
  • A closely held business
  • Investment accounts
While a second marriage represents new beginnings, it also deserves thoughtful planning. A carefully drafted prenuptial agreement can help protect assets and provide clear financial expectations for both spouses.

]]> On Behalf of Law Offices of Meridith A. Gregory, LLC <![CDATA[What is a gray divorce and why is it complicated?]]> https://www.boileaucarol.com/?p=48004 2026-07-10T11:13:00Z 2026-07-15T11:12:18Z A gray divorce is not a technical term, but rather a general term that refers to older couples deciding to end their marriages. Often, these couples are at least in their 50s. These divorce cases are viewed a bit differently than those involving younger couples, such as those getting divorced in their 30s. Interestingly, the gray divorce rate has been increasing in the United States. For those over 45 years old, the odds of getting divorced have been rising, and the rate has increased threefold for those who are over 65. With the increase in these types of divorces, it is important to consider some of the complications they can create.

Financial issues

These complications are often financial. Naturally, older couples are less likely to have to deal with child custody cases, but they may have been married for decades, so they have an incredible amount of marital assets. In many cases, couples in this age bracket essentially share everything that they own. They have to split up savings, investments, real estate, home furnishings, collections, cars, artwork and much more. Additionally, many couples in their 50s and 60s have been planning to retire together. A divorce means that they are going to have to retire independently, but they may be just a few years away from doing so. This can make it complex to divide money that was specifically set aside for retirement, and they may also have to address things like retirement benefits or a pension plan provided by one person's employer. When sorting out all of these financial details, it is critical that couples going through a gray divorce understand exactly what legal steps to take.  ]]> On Behalf of Law Offices of Meridith A. Gregory, LLC <![CDATA[3 tips for helping children adjust to divorce]]> https://www.boileaucarol.com/?p=48003 2026-06-26T09:34:48Z 2026-07-01T09:33:43Z Parents who decide to divorce will have to find ways to help their children adjust to this lifestyle change. It can be difficult for children, particularly if they’ve only known life with both parents living together.  The exact things your children will need help with might not be the same as for another child who has divorced parents. You have to consider what your children need so you can find ways to help them. 

1: Keep consistent routines

Children thrive on consistency, so being able to keep major parts of your child’s life the same as before the divorce can be beneficial. It’s best if both parents can do this, particularly if the children are younger. This could be as simple as keeping the child’s bedtime and morning routines consistent. 

2: Keep children out of adult matters

Both parents should commit to communicating with each other and not using the children as a sounding board. Being placed between their parents could make the children feel as though they have to choose a side, and that’s a stressful and emotionally charged feeling for a child. 

3: Keep other adults informed

Children often need extra support when their parents are going through a divorce, but it’s almost impossible to know when that need will arise. It’s a good idea to tell other adults who have regular contact with your children about the divorce so they can be prepared to step in to support your children when necessary.  It’s beneficial to establish a parenting plan as early as possible after the separation. This helps to ensure both parents are on the same page about how the children should be raised. Getting this document set up properly can be challenging, particularly if both parents don’t agree on every matter. It may be beneficial to work with someone who’s familiar with these matters to ensure everything is covered in the document.   ]]> On Behalf of Law Offices of Meridith A. Gregory, LLC <![CDATA[The emotional cost of staying in an unhappy marriage]]> https://www.boileaucarol.com/?p=48002 2026-06-11T09:20:08Z 2026-06-16T09:19:11Z For many, marriage is often viewed as a source of comfort, stability and partnership. When a relationship becomes strained, however, the emotional burden can quietly affect many aspects of daily life. Many people remain in unhappy marriages for a variety of reasons, including financial concerns, family obligations or uncertainty about the future. While these concerns are understandable, prolonged marital conflict can have a significant toll on personal well-being.

When emotional stress becomes a daily reality

Living in a persistently unhappy marriage can create ongoing stress that affects both mental and emotional health. Frequent arguments, tension in the home or prolonged periods of emotional distance can leave individuals feeling anxious, overwhelmed or emotionally exhausted. Over time, these feelings can make it difficult to focus at work, maintain relationships with friends and family or enjoy activities that once brought happiness. Chronic marital stress can also contribute to physical symptoms. Difficulty sleeping, headaches and changes in appetite are common responses to prolonged emotional strain. When conflict becomes a regular part of daily life, the body may remain in a heightened state of stress, making it harder to relax and recover. The longer these conditions persist, the more challenging it can become to maintain overall health and well-being. In some situations, individuals begin to lose confidence in themselves or feel trapped by circumstances they do not know how to change. The uncertainty surrounding separation or divorce often causes people to delay the important decisions. Seeking legal guidance can help provide clarity about available options, rights and responsibilities. Understanding the legal process may reduce some of the fear and uncertainty that often accompany major life changes and allow individuals to make informed decisions about their future. Ending a marriage is never an easy decision, but no one should feel obligated to endure ongoing emotional hardship without understanding their options. Speaking with an experienced legal professional can provide valuable guidance, answer important questions and help you determine the best path forward for your circumstances.  ]]>