April 2015Issue: Father’s Rights / Relocation
Mother had been primary caretaker of the children throughout their lives. Attorney Farias represented Father, who was breadwinner. Mother put a restraining order on father alleging abuse of herself and the children and left MA with the children to live in another state. Attorney Farias argued the move was not in children’s best interest, and was only for mother’s benefit of living with a new boyfriend. After hearing, the judge ordered that the children must be returned to MA and visitation was established with Father. After a subsequent hearing, Father was granted sole legal and physical custody of the children.
October, 2014Issue: Property Division
Husband invested substantial time and effort in renovating the marital home and a previous home owned by the Wife, which she ended up selling. Unfortunately, during a stretch of about three years, he was unable to find employment and therefore could not contribute income. Wife was offering a minimal amount to the Husband for property division. Attorney Farias gathered evidence of the Husband’’s contributions to the marriage, consisting largely of work done on the home that substantially increased its value. Judge indicated he was inclined to award the Husband substantially more than Wife was willing to pay. As a result, Wife increased her offer substantially, and Husband ended up receiving an extra $40,000 in cash and assets. In what was a very difficult evidentiary position for Husband, he was very pleased with his return.
May, 2014Issue: Retirement / PropertyDivision
Attorney Farias represented the Wife. Husband was refusing to give up any of his state pension to Wife. Wife had been responsible for paying many of the bills and was not accruing retirement earnings at the same rate as the husband. Attorney Farias successfully argued that Wife’s substantial contributions to the marriage entitled her to the marital portion of Husband’s pension. Judge ruled in favor of Wife and awarded her a portion of Husband’s pension.
May, 2013Issue: Father’s Rights
Father was constantly being denied extra time with his daughter. Although he was a good father, mother would allow and deny extra visitation at her discretion. Sometimes she would allow it, sometimes not. Father was having difficulty getting child for events with his own family: birthdays, vacations, events, etc. Attorney Farias helped father obtain a favorable visitation schedule that increased the amount of time he was spending with the child weekly, in addition to extra time during the summer and school vacations, and lowering his child support amount.
Jan, 2013Issue: Business for Property Division
Attorney Farias represented the Husband, who was the owner of business that was thriving and producing significant income. Wife was employed only part-time and her income was insignificant. Wife was asking for a portion of the business as part of property division. Attorney Farias, prepared to litigate, negotiated Husband keeping all of the business for purposes of property division, and only paying alimony on the lower end of the scale for amount and length.
June, 2012Issue: Alimony / Property Division
Attorney Farias represented the Husband, who was a general contractor. Wife was unemployed, and argued that she was entitled to a portion of Husband’s business and a substantial amount of alimony. Attorney Farias argued that Husband’s disproportionately greater contributions to the marriage should result in no extra moneys to the Wife for business on property division. And Wife’s reluctance to seek employment should result in attribution of income for purposes of alimony calculation. Judge ordered relatively low alimony, with attribution of income for wife. Case settled with Wife getting no portion of the business and a reduced alimony payment to account for her lack of employment.