Court of Common Please
Probate and Family Court Division
Suffolk County, Massachusetts
Patty Bean : Case No. _________________
Plaintiff : File No. __________________
Vs.
David Bean :
Defendant : Decree of Divorce
This action was submitted to the court and came to be heard on October 6, 2013 on the complaint of Patty Bean. The Court finds that there has been personal service of summons within the state of Boston as provided by law, that Patty Bean and David Bean appeared personally at the hearing, that Plaintiff was represented by council and Defendant was represented and waived his right to answer. The court accepted verbal proof on non-military service.
The court finds that the Plaintiff has been a resident of Massachusetts for at least (12) months and has been a resident of Suffolk County for at least (365) days immediately prior to the filing of the complaint and the court has full and complete jurisdiction to determine the case.
The court finds that the parties were married in Boston, Massachusetts on April 5, 2003 and there were 2 children born issue of their marriage, namely Patricia Bean born on June 5 2005 and David Bean Jr. born on July 1 2006, and Wife is currently not pregnant. The Court also finds that the parties have irreconcilable differences, and that the Plaintiff is entitled to a divorce as prayed for in the Complaint.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the Decree of Divorce is hereby granted to the Plaintiff, and the marriage relationship existing between the parties is hereby terminated and held for naught and both parties are hereby released and discharged from all obligations thereon. Both parties from hereafter shall continue to live separate and apart from each other, and neither shall annoy, molest, or interfere with or harass the other in any way or manor, either directly or indirectly.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED upon consideration of all the factors enumerated in G.L.c. 209C, the Court finds it to be in the best interest of the parties’ minor children that the Defendant, David Bean, be allocated the parental rights and responsibilities for the care and maintenance of the parties minor children in accordance with Title III Domestic Relations Chapter 208.30
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that David Bean shall be designated the residential parent of the minor children Patricia Bean and David Bean Jr effective August 6, 2013, and Patty Bean shall have parenting time with said minor children in accordance with the Courts Standard Parenting Order. Patty Bean is to be allowed reasonable rights to visitation and both Patty Bean and David Bean are to split weekends, holidays and vacation to allow the minor children equal time with both parents. David Bean and Patty Bean will assume shared responsibility with transportation for visitation and independently provide for the material needs of the children at each separate location.
Neither party shall obstruct the development and maintenance of the relationship between the children and the other parent nor interfere with reasonable communication or visitation. Finally neither party shall do anything that will estrange either child from the other parent or cause emotional duress to the minor children.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the worksheet used to compute child support under The Commonwealth Code CMR 119A.6.1 et seq. is attached and incorporated by reference. Patty Bean (Obligor) shall pay for the support of the minor children in accordance with the sum of $587.50 per month/per child, plus a 2% processing charge payable through the Department of Revenue and the State of Massachusetts. This order is effective August 6, 2013, and is payable on the first of the month in the total amount of $1188.50, including the processing charge. The Obligor is responsible for making payments directly to The Department of Revenue and the State of Massachusetts until at such time a deduction order takes effect. Any payment made to the Obligee and not through the Department of Revenue will be deemed a gift and not credited to the Child Support Order. In agreeance with the support request both the Obligor and Obligee are to provide said minor children with medical and dental benefits.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that child support shall be paid until: (1) till age 18, if the child is not attending an accredited high school full time, or (2) until the age of 19, if the child is attending an accredited high school full time, or (3) until the age of 23, if the child is accredited college or university full time, or (4) until further order of the Court. Support shall be paid by check or money order and include: (1) Obligor’s Name; (2) The Court Case Number; and (3) the Obligor’s Social Security Number. All checks and money orders are to be payable to:
DOR/CSE
P.O BOX 55144
BOSTON MA, 02205-5144
The Obligor may contact Suffolk County Child Support Enforcement Division at 51 Sleeper Street, Boston Massachusetts, 02205, (Ph. 800-332-2733) for further information about their child support payments.
Withholding and Deductions
Each judgment or order for support issued pursuant to section 28 of chapter 119, section 40 of chapter 201 and chapters 207, 208, 209, 209A and 209C, or received, entered or registered pursuant to chapter 209D shall conform to and shall be enforced according to this section. Each such judgment or order for support shall include a provision for immediate withholding of income, as provided in paragraph (6) of subsection (b); provided, however, that such order for income withholding may be suspended, pursuant to subsection (c). Each such judgment or order for support shall also include an order for health care coverage, as provided in paragraph (5) of subsection (b), unless the obligor and oblige agree in writing that the oblige shall obtain health care coverage for his child or children or that such coverage will be provide by other means. Each outstanding order for support which is reviewed, modified or otherwise brought before the court pursuant to any of the said chapters or pursuant to section eighteen A of chapter two hundred and seventy-three shall be amended so as to conform to and shall thereafter be enforced in accordance with the provisions of this section, and the notices that require the obligor to notify the child support enforcement agency administering the support order of any change in the obligor’s employment status or of any other change in the status of the obligor’s assets, are final and enforceable by the court.
Notification Regarding Termination of Order: The residential parent or legal custodian of the children related to this order, shall immediately notify the Suffolk County Domestic Relations of any reason for which the child support order should be terminated. The willful neglect to notify the Domestic Relations Office is contempt of court. The reasons for which a child support order can be terminate are:
(A) The child has obtained the age of majority and the child no longer attends an accredited high school on a full time basis and the child support order requires the child support to continue past the age of majority only if the child continues to attend high school full time;
(B) The child does not attend an accredited college or university after the age of majority, if the child support order requires the support to continue past the age of majority with the full time attendance of an accredited college or university;
(C) The child’s death;
(D) The child’s marriage;
(E) The Emancipation of the child;
(F) The child’s enlistment in the armed services;
(G) The child’s deportation;
(H) Change of legal custody of the child.
EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT
ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER’S LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY CHILD SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.
IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES,
YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS
AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR
PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER’S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS
RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL
INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that David Bean shall pay Alimony in the amount of $208.23 per month for 72 months effective August 6, 2013 in accordance with MGL. 208.34, payable through The Department of Revenue and the State of Massachusetts and a 2% processing fee. The Court shall retain jurisdiction of the term or the amount of this order.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that both Mother and Father shall maintain private Health Insurance for the parties’ children so long as they both have accessible insurance available for 5% or less than their gross annual income. This order shall remain in effect until the children reach the age of 18 and no longer attends and accredited high school on a full time basis or until otherwise ordered. Except in cases where the child support requires the continuance of the payment of support until the child reaches the age of 23, the order shall not remain in effect after the age of 23.
Notification of Illness: Each parent shall promptly notify the other of child’s illness or injury which required health care, and which occurs while in the care of that parent. The notification should include any healthcare costs if that information is available at the time of the notification.
Process of Payment of Healthcare Expenses: The parent who obtains healthcare for the children is solely responsible for the submission of bills associated with health care to their own insurance company for payment. Once the healthcare bill has been processed by the applicable healthcare insurance plan, both parents shall equally split any uncovered or uninsured healthcare expense, 50%, within 45 days receiving a copy of the service providers invoice showing the application of the insurance coverage. When a parent pays 100% of out of pocket expenses, co-pays, deductibles, and uninsured procedures, the other parent shall reimburse the other parent for their portion of the expense within 30 days of receiving a copy of the paid bill receipt.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that David Bean will resume residence, effective August 6 2013, in the family home at 123 W. Golf Road, Boston Massachusetts, 12345, with the parties’ children and assume and will be free and clear from any claim by Patty Bean, and David Bean will become solely responsible for all debts associated with said property.
Each party shall retain all property presently held in his/her name or possession free and clear from any claim by the other and shall be solely liable for any debts presently held in his/her name.
Each party shall retain their respective, separate interests in any retirement, pension, life insurance policy, or personal investments otherwise not identified in this Decree, free from any claim of the opposite party.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that David Bean shall be entitled to declare the parties minor child, David Bean Jr., on his Federal, State, or other income tax returns as a dependent, and Patty Bean shall be entitled to declare the parties minor child, Patricia Bean, on her Federal, State, or other income tax returns as a dependent.
Patty Beans right to declare any of the parties’ minor children as a dependent for tax purposes shall be in consideration of her being no more than four weeks in arrears on her child support obligation to David Bean in the previous calendar year. In the event that Patty Bean is in arrears more than four weeks in arrears in her child support obligation, David Bean shall be entitled to declare both minor children as dependents on his Federal, State and other tax returns for the current year.
So long as the non-residential, non-custodial parent qualifies and is entitled to claim the minor child as a dependent on her tax returns pursuant to this Decree, David Bean shall annually execute and deliver to Patty Bean the proper waiver or declaration required by the United States Internal Revenue Code and any regulations promulgated thereof. When required, David Bean shall deliver the proper IRS waiver prior to March 1 of the year following the end of the calendar year the child will be claimed as a dependent.
IT IS FURTHER ORDERED AND ADJUDGED that each party shall pay the cost and expenses associated with their respective legal counsel. Court Costs associated with this action are here by assessed against, and shall be paid by the parties equally prior to the application of any deposits made.
SO Ordered.
______________________
Judge Melanie D Marren
_______________________
Magistrate Brian M. Curran
Approved By:
_______________________ _____________________
Greg Jones esq. # 12345 Patty Bean, Plaintiff
Attorney for the Plaintiff
_______________________ _______________________
Samuel Jackson esq. # 56789 David Bean, Defendent
Attorney for the Defendent
Top of Form
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1 |
Income |
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Recipient |
Payor |
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a. |
Gross Weekly Income |
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b. |
Minus Child Care cost paid |
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c. |
Minus Health insurance cost paid |
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d. |
Minus Dental/Vision cost paid |
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e. |
Minus Other Support Obligations paid |
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f. |
Available Income |
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g. |
Combined Available Income Recipient 1(f) + Payor 1(f) |
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h. |
Percent of Combined Available Income 1(f) / 1(g) |
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Number of Children |
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2 |
Child Support Calculation |
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a. |
Maximum available income maximum 1(g) but not more than $4808 |
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b. |
Combined support amount for one child from Table A of Guidelines Chart for 2(a) |
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c. |
Adjustment for number of children covered by |
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d. |
Total combined support amount 2(b) x 2(c) |
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e. |
Minus Recipient’s proportional share of support 2(d) x Recipient 1(h) |
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f. |
Payor’s proportional weekly support amount 2(d) – 2(e) |
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g. |
Weekly support amount as % of Recipient income 2(f) ÷ Recipient 1(f) |
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h. |
Payor’s Final Weekly Support AMT |
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If 2(g) is 10% or more, then enter 2(f) here. |
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Otherwise, enter the lesser of 2(f) OR (10% + 2(g)) x Payor 1(f) |
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3 |
Available Income Above $4,808 |
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a. |
Combined Maximum of $0 or 1(g) – $4,808 |
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b. |
Proportional share for the recipient and payor 3(a) x 1(h) |
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Bottom of Form
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Alimony Calculator (Under 2011 Alimony Reform Act) |
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Recipient |
Payor |
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Gross Income (Yearly) |
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Child Support Obligations |
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Length of the Marriage |
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Year of Birth |
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Age of the Payor |
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Full Retirement Age |
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Percent of Income as Alimony |
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30.00% |
35.00% |
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Amount of Alimony (per Month) |
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Length of Alimony Payments (Years) |
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Length of Alimony Payments (Months) |
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Refrences
Alimony Calculatro,2013,MassachusetsFamilyLaw retrieved at: http://www.ma-divorce-center.com/Calculators.html
Child Support Calculator,2013,MassachusettsFamilyLaw retrieved at: http://www.ma-divorce-center.com/Child_Support_Calculator(2013).html
Massachusetts Divorce and Family Law,nd,DivorceNet.com retrieved at: http://www.divorcenet.com/states/massachusetts
Massachusetts Law About Child Support,nd, Massachusetts Trial Court Law Library retrieved at: http://www.lawlib.state.ma.us/subject/about/support.html
Massachusetts Support and Custody,nd,Mass.Gov retrieved at: http://www.mass.gov/portal/home-family/children/child-support-custody.html
Sample Divorce Decree,nd,CourtOfCommonPleas,HamiltonCountyOH retrieved at: http://www.hamilton-co.org/domestic/Court%20Forms/PDF%20Files/901%20Sample%20Decree%20of%20Divorce%20Children%20Support%20and%20Spousal.pdf
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