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Massachusetts Provisions Which May Be Added to a Division Or Transfer Order

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These provisions, when added to a Division/Transfer Order, provide the disbursing company some protection in making payments in a manner that may not be consistent with record ownership.

Massachusetts Provisions Which May Be Added to a Division Or Transfer Order are legal clauses or conditions that can be included in the order to address specific concerns or requirements related to the division or transfer of assets. These provisions serve to protect the rights and interests of all parties involved in the process. Here are several types of provisions commonly used in Massachusetts: 1. Valuation Provisions: These provisions determine the method and criteria for valuing assets, such as real estate, investments, retirement accounts, and business interests. They may specify the appraiser's qualifications, timeframe for valuation, and any adjustments to consider. 2. Tax Allocation Provisions: These provisions address the allocation of tax liabilities, including income tax and capital gains tax, resulting from the division or transfer of assets. They define how the taxes will be divided among the parties and may provide specific instructions to ensure a fair distribution. 3. Retirement Account Provisions: Massachusetts follows equitable division rules for retirement accounts acquired during the marriage. Provisions related to retirement accounts may cover the division of 401(k), pensions, IRAs, and other similar assets, including survivorship benefits and eligibility for withdrawals. 4. Real Estate Provisions: When dividing real estate, provisions may address matters such as valuation, mortgages, liens, ownership rights, occupancy, and any necessary transfers or conveyances. These provisions can also include conditions regarding the sale or buyout of properties. 5. Alimony and Spousal Support Provisions: If spousal support or alimony is involved, provisions can outline the amount, duration, and terms of payment. They may also cover modifications, termination, or adjustments based on specific circumstances such as remarriage or changes in income. 6. Health Insurance Coverage Provisions: These provisions detail obligations for maintaining health insurance coverage, especially if one party had coverage through the other party's plan during the marriage. They may specify the duration, costs, responsibilities, and conditions for continuation or termination of coverage. 7. Child Support and Custody Provisions: In cases involving children, provisions may address matters such as child support payments, custody arrangements, visitation schedules, decision-making authority, educational and medical expenses, and relocation procedures. The best interests of the children are a primary consideration in these provisions. 8. Enforcement and Modification Provisions: These provisions establish mechanisms for enforcing the division or transfer order and outline the consequences for non-compliance. They may also include terms for modifying the order, such as updating child support amounts or adjusting spousal support based on significant changes in circumstances. It is important to consult with a qualified family law attorney to ensure the inclusion of appropriate and relevant provisions in a Division Or Transfer Order, as each case may have unique considerations and requirements.

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(c) Motion for Judgment on the Pleadings. After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings.

No motion to suppress evidence, other than evidence seized during a warrantless search, and no motion to dismiss may be filed unless accompanied by a memorandum of law, except when otherwise ordered by the court.

Under this rule, a defendant may, with the prosecutor's agreement, plead guilty (or in District or Juvenile Courts admit to sufficient facts), appeal a ruling the defendant believes is erroneous and, if successful on appeal, withdraw the plea (or the admission to sufficient facts) and presumptively obtain dismissal of ...

Insufficient service of process under Rule 12(b)(5) occurs when the paperwork is complete, but isn't properly delivered to the defendant. For example, if the plaintiff leaves the summons with the defendant's six-year-old child, that would invalidate the service.

An opposition to a motion for summary judgment may include a response to the Moving Party's Statement of Facts; the opposing party must reprint the moving party's Statement of Material Facts and set forth a response directly below the appropriate numbered paragraph, including, if the response relies on opposing ...

Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on Pleadings (a) When Presented. (1) After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.

Rule 12(b) provides ?a party may assert the following defenses by motion.? The defendant has two options: 1) raise the defenses in a preliminary motion, or 2) raise the defenses in the answer, provided that they have not been waived by omission from a preliminary motion.

LLCs that want to file a Massachusetts amendment have to file a Certificate of Amendment with the Corporations Division of the Secretary of the Commonwealth and pay at least $100 for the filing fee. You can do this by fax, mail, or in person. Massachusetts does not have a ready-made form, so you have to draft your own.

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Massachusetts Provisions Which May Be Added to a Division Or Transfer Order