Divorce Mediation Blog

Arbitration Where Life Imitates Sport: Part 4

Friday, September 28, 2012

In our last 3 entries we described baseball arbitration, how it may apply to probate and family law property matters, and some drawbacks in property and probate settings. We conclude here pitfalls of baseball arbitration in family law support matters.

All Massachusetts family law support statutes have pockets of discretion reserved to the court. In our new alimony statutes, there are many areas where the court may make discretionary decisions and deviate from statutory presumptions and guides, including: the type of alimony, the length of alimony, the amount of alimony, the retirement age cessation of alimony, the impact of cohabitation, the allocation between alimony and child support for tax purposes and income imputation. When applying the child support guidelines, despite their formulaic nature, a judge can exclude income source form consideration, impute income and determine allocation of the costs for “extras”.

As with property, an arbitrator may have a very different “take” on how to allocate income between the parties. A level of creativity may be applied to analyzing support matters, especially in the area of taxation and creation of incentives. Baseball arbitration, where the decision-maker loses the discretion to make an award that has not been proposed by one of the parties, may cost the parties the benefit of a truly objective look at their situation, and a surprising and maybe mutually beneficial result..

Baseball arbitration is not for every probate or family law case, but it bears careful consideration in many.

Get e-mail notifications of new blog posts! Enter email address below.:

Delivered by FeedBurner

other articles

recent posts


Divorce Levine Dispute Resolutions mediators Massachusetts alimony facilitated negotiations family support med/arb Massachusetts alimony and child support private dispute resolution The Seven Sins of Alimony mediation divorce and family law Massachusetts divorce mediation Levine Dispute Resolution Center SJC Defense of Marriage Act arbitrators divorce agreement divorce and family law mediators Massachusetts lawyers self-adjusting alimony Major League Baseball Arbitration family mediation Massachusetts divorce mediators support orders Matrimonial Arbitration litigation annulment traditional negotiations divorce mediators arbitrator how baseball arbitration works family and probate law disputes divorce mediator conciliation divorce litigation family law arbitrators special master child support resolve disputes divorce arbitration alimony orders LDRC fraud arbitration health insurance Self-adjusting alimony orders IRC §2704 alimony statute Family Law Arbitration dispute resolution Massachusetts Lawyers Weekly divorced Levine Dispute Resolution Act Reforming Alimony in the Commonwealth divorce judgment Cohabitation Massachusetts Alimony Reform Act medical benefits Uniform Arbitration Act Alimony Reform Act family law alimony reform legislation lawyers family law mediation Obamacare high-risk methodology Same Sex Marriage Levine Dispute Resolution Center LLC pre-ARA alimony divorce lawyers mediator DOMA rehabilitative alimony divorce mediations separation disputes mediations lawyer General term alimony COLA Chouteau Levine Massachusetts divorce lawyers med-arb alimony law health coverage divorce arbitrators Child Support Guidelines divorce arbitrator Baseball Divorce Agreements Boston divorce process alimony family law arbitrator Baseball Arbitration Baseball Players lawyer-attended mediation MLB labor agreement