781.708.4445

wmlevine@levinedisputeresolution.com

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


tags

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