Law Offices of Ira C. Yellin, LLC FindLaw IM Template 2026-09-01T13:10:23Z https://www.yellinlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1100910/2019/05/cropped-site-icon-32x32.jpg On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[3 mistakes Franklin parents should avoid in custody disputes]]> https://www.yellinlaw.com/?p=52885 2026-09-01T13:10:23Z 2026-09-01T13:10:23Z Common mistakes that can escalate a custody dispute Massachusetts courts consider the best interests of the child when making custody decisions. Because a parent’s actions can affect the child and the custody dispute, it is important to avoid conduct that may increase conflict. Here are three common mistakes parents should watch out for:
  • Putting conflict ahead of the child : Parents have to try not to make the conflict a contest between them . Their priority must be the welfare of the child, stability and well-being.
  • Ignoring the parenting schedule: Follow the custody order or parenting plan unless there is a valid reason to seek a change. Repeatedly missing parenting time or making schedule changes without agreement can create additional conflict.
  • Making accusations without evidence: If a parent has concerns about the other parent, they should keep records of relevant incidents and copies of important communications. They should also avoid making claims that lack supporting evidence.
Strong emotions can contribute to these mistakes, especially when parents disagree about what is best for their child. Staying calm and working together can help parents handle such situations more effectively.

Getting legal help with a Massachusetts custody dispute

Every parent wants their children to have a good future and hopes to focus on their well-being. However, custody disputes can make it harder for parents to put their children’s needs first. A family law attorney can evaluate the case and offer guidance on what they should do in case of a custody dispute.  ]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[3 facts about Chapter 13 repayment plans]]> https://www.yellinlaw.com/?p=52882 2026-08-25T13:29:41Z 2026-08-25T13:29:41Z Payments can last between 3 and 5 years The length of your payment plan depends on state income standards:
  • Debtors below the state average income qualify for 3 year payment plans, which can stretch to 5 years with court approval.
  • Debtors above the state average income must complete a 5 year plan, unless all debt gets paid off sooner.
Plans usually run 3 to 5 years total, though full payment clears the debt earlier. Legal protections against bill collection start the moment you file your bankruptcy petition in federal court.

Monthly amounts depend on disposable income

Your monthly payment equals the extra money left over after subtracting standard living costs from your average monthly pay. The court looks at general household needs to build your budget:
  • Rent, mortgage costs and grocery bills
  • Gas, car payments and public transit costs
  • Doctor bills and basic health coverage
Higher earners must follow set federal expense limits to figure out disposable income, while lower earners use actual living costs. The bankruptcy trustee splits these monthly payments among your creditors based on federal priority rules.

Chapter 13 can cure mortgage delinquencies

Homeowners facing foreclosure can use a payment plan to clear back mortgage debt over time. The court spreads your missed payments across 36 to 60 regular monthly installments. You must keep up with regular mortgage payments alongside plan payments throughout this time.

How to move forward with a repayment plan

Filing for bankruptcy requires listing past income, gathering pay stubs and completing federal court forms accurately. Speaking with a local bankruptcy attorney helps you create a workable payment plan that satisfies court rules and protects your home and vehicle.]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[What happens to your tax refund in Chapter 7?]]> https://www.yellinlaw.com/?p=52880 2026-07-31T11:18:12Z 2026-07-31T11:18:12Z Few things feel as satisfying as a tax refund landing in your account, especially when money is tight. If you are preparing to file for Chapter 7 bankruptcy, however, that refund raises an important question: is it still yours to keep? The answer depends on your filing date and the exemptions available in your state. Understanding how bankruptcy law classifies the money can help you avoid an unwelcome surprise.

Your refund becomes part of the bankruptcy estate

When you file for Chapter 7, the law creates a "bankruptcy estate" consisting of the property you own on that date. A court-appointed trustee administers the estate and may sell property that exemptions do not protect to repay creditors. A refund already owed to you counts as property, even when the money has not reached your bank account. Because Chapter 7 works as a liquidation of nonexempt assets, a refund available to the trustee may be distributed to creditors instead of returned to you.

Why timing decides how much you keep

Timing frequently determines the outcome. A refund represents tax overpayments accumulated throughout the year, so the portion attributable to income earned before your filing date generally belongs to the estate. The portion connected to income earned after filing usually remains yours. If you file partway through the year, the trustee may calculate a proportional share based on the filing date. Receiving the refund before filing can also affect the analysis, especially when you use it for household expenses such as rent, groceries or overdue bills.

Exemptions that can shield the money

Even when a refund enters the estate, exemptions may allow you to preserve some or all of it. A flexible 'wildcard' protection under federal law can cover many types of property, including cash from a tax refund, up to the applicable limit. Massachusetts provides another choice. Filers who satisfy the residency requirements can generally select either the state or federal exemption system, but they cannot combine both. Because each system protects property differently, the better option depends on the refund amount and the other assets you need to preserve.

Planning ahead before you file

A tax refund is not necessarily an all-or-nothing asset in Chapter 7. The filing date, source of the refund and available exemptions influence how much may remain protected. Adjusting your tax withholding may also reduce the amount returned as a future lump sum. A careful review before filing can clarify the likely treatment of your refund and support informed financial decisions.]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[Who makes medical decisions for children after divorce?]]> https://www.yellinlaw.com/?p=52876 2026-07-23T08:39:23Z 2026-07-23T08:39:23Z How legal custody affects health care choices If you have sole legal custody, you have the right to make major medical decisions for your child. The other parent could still access the child’s medical records unless a court order or another legal limit restricts that access. If you share legal custody, you and the other parent make major medical choices together. You might need to discuss planned surgery, long-term therapy, mental health care or a change in doctors before either of you gives consent. Your custody order could also state who handles routine visits and how you share updates. Different rules apply in an emergency. Under Massachusetts law, a doctor or hospital might treat a child without parental consent when a delay would endanger the child’s life, limb or mental health. After the emergency, your custody order may guide how you and the other parent share information and make follow-up decisions.

How a parenting plan may prevent disputes

A clear parenting plan makes medical decisions easier to manage after divorce. It gives you and the other parent a shared set of rules to follow when questions come up. The plan might state how soon you must share appointment details, test results and treatment updates. It could also explain how each parent may access doctors and medical records. For major choices, consider including rules for second opinions, doctor selection and disputes. You could also set a process for urgent care, such as giving prompt notice after treatment.

Prepare for timely care

Review your custody order and make sure your child’s providers have current contact details. You may also decide how to share health updates and keep key records in one secure place. By understanding your options and preparing to manage medical information, you could reduce conflict and make timely choices for your child.]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[How does the court decide what is best for a child?]]> https://www.yellinlaw.com/?p=52874 2026-07-22T16:31:05Z 2026-07-22T16:31:05Z Parents are not always able to come up with a child custody solution on their own. They need the court to do it and issue a custody order. To do this, the court is supposed to use the standard of deciding what is in the child's best interests. While this sounds good to parents, they may understandably wonder how the court could possibly know what is best for their child. This is especially true if the parent disagrees with the court's decision. What are some of the factors that the court will consider?

Gathering all possible information

This is a difficult decision for a court to make, but the way they approach it is by trying to gather as much information and learn as many details about the child's life as they can. Key factors could include:
  • The parental roles the parents had while they were married
  • Whether the child has any special needs
  • The relationship the child already has with each parent
  • Whether there are important relationships with other extended family members
  • Whether there are any social, cultural or religious considerations
  • The parents' physical and mental health and their ability to care for the child
  • The stability of the parents' living situation and financial situation
  • Whether there is any evidence of abuse, domestic violence, excessive alcohol use or illegal substance use
In some cases, if the child is old enough, the court will even ask for their preference. That does not mean that the court has to do whatever the child requests, but a teenager who expresses a strong preference may have that considered along with many other factors. Reaching a child custody determination this way can be complex, and disputes do arise. Parents must be aware of all of their legal rights as they work their way through this process during a divorce.  ]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[Should you file for Chapter 7 or Chapter 13 bankruptcy?]]> https://www.yellinlaw.com/?p=52872 2026-07-10T13:39:50Z 2026-07-10T13:39:50Z Are you in debt? Is your debt caused by medical bills, late fees or maxed credit cards? Is your debt causing financial strain? You may need to consider filing for bankruptcy. Bankruptcy is a process that can help you remove large amounts of debt within a few months or years. You may be eligible for Chapter 7 or Chapter 13 bankruptcy. However, you should learn about the difference between these two forms of bankruptcy before you file. Here is what you should know:

What to know about Chapter 7 bankruptcy

Chapter 7 bankruptcy can wipe away most of your debts in a few months. However, this form of bankruptcy is only eligible for low-income families. This means that people who make below the average income in their community can file for Chapter 7 bankruptcy.  Furthermore, Chapter 7 bankruptcy is also called liquidation bankruptcy. Assets may be used to resolve debts. However, most assets are considered exempt from the liquidation process, including a family home or a single vehicle. 

What to know about Chapter 13 bankruptcy  

Alternatively, you may want to consider a Chapter 13 bankruptcy if you can pay off some of your debts. Chapter 13 bankruptcy reorganizes debts so that they can be paid off in three or five years. If there are any remaining debts after this repayment period, they may be resolved. This form of bankruptcy is eligible for people who make more than the average family in their community. Before committing to a form of bankruptcy, you may need to seek professional legal guidance to help you choose the right form of bankruptcy.   ]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[How spouses can communicate during divorce]]> https://www.yellinlaw.com/?p=52869 2026-06-26T09:32:25Z 2026-06-26T09:32:25Z Although not legally required, spouses communicating during divorce can be beneficial. It allows them to exchange information and make decisions seamlessly. However, it can also increase the likelihood of conflicts due to emotional triggers and unresolved issues.  Thus, it’s important to know the best ways to hold conversations with your soon-to-be ex-spouse. Below are a few tips to help you:

Set boundaries

You and your spouse should set ground rules for communicating. These include the topics to discuss and those to avoid, when to contact each other and the communication modes to use. For instance, you can agree not to discuss any topic that is not divorce-related and not to contact each other late at night or early in the morning.  Additionally, you can agree to use emails for exchanging information/updates, texts for reminders and phone calls for emergencies. You can also use co-parenting apps or in-person meetings if possible. Note that written communication is easy to document.

Use the BIFF method

When communicating with your spouse, it helps to use the Brief, Informative, Friendly and Firm (BIFF) method. Every response you send should be short, strictly stick to the facts, use a friendly tone and state your position/decision clearly.

Take time before responding

You can take time before responding to your spouse, unless it’s an emergency. Doing this allows you to give well-thought-out responses. Responding immediately can result in impulsive replies that are emotionally charged.  Ensure you acknowledge receipt of the message. Let your spouse know you have received the message and will respond by a specific time.

Avoid communicating through third parties

Avoid passing messages to each other through your children, family members or mutual friends.  Communicating with your spouse when going through a divorce can be difficult, but it can be successfully handled. Learn more about how you can have a smooth process.  ]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[3 tips for communicating with your ex about the children]]> https://www.yellinlaw.com/?p=52867 2026-06-15T15:44:46Z 2026-06-15T15:44:46Z Having to speak with your ex about your children is something that can be challenging and infuriating; however, it’s also necessary as you raise your children. When you and your ex can speak calmly, making decisions about the children might be a bit easier.  It’s not always easy to stay in control of your emotions when you’re communicating with your ex. These tips may make the situation a little easier. 

1: Commit to communicating only about the children

Communication should be focused solely on the children. It’s easy to get carried away, particularly if there are still harsh feelings about the end of the relationship. When you avoid bringing up the past and stick to things that have to do with the children now, you can provide more stability for the children. 

2: Pay attention to shared information

Parents may have to deal with doctors, childcare providers, teachers and other individuals who help to care for the children. It’s critical that both parents receive the same information and that the other adults receive consistent information. This can help to avoid misunderstandings and unintentional harm to the children.

3: Consider centralized record keeping 

Parents who have the same information, such as a shared calendar, making decisions about the children might be easier. This also provides a central database where you can turn if you need any information.  Having guidelines set in your parenting plan can make it easier for you and your ex to remain on the same page about your children. It may be beneficial to work with someone familiar with these matters so they can assist you with ensuring everything is set up in the child’s best interests. ]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[Will working from home help your custody case?]]> https://www.yellinlaw.com/?p=52840 2026-06-05T21:04:18Z 2026-06-05T21:04:18Z How remote work has changed parenting schedules Working from home can make certain parenting responsibilities easier to manage. Some examples include:
  • Handling school drop-offs and pickups
  • Attending parent-teacher conferences and school events
  • Supervising children after school
  • Spending less time commuting
  • Accommodating parenting-time exchanges during the week
If you work remotely, you may have more flexibility to participate in your child's daily routine. For some families, that flexibility can make shared parenting schedules easier to manage than they would be with a traditional commute.

Why courts still focus on the child's best interests

Even if you work from home, courts will look at much more than your job location when evaluating custody arrangements. The central question remains whether a parenting plan supports your child's needs and well-being. Courts may consider your involvement in your child's life, your relationship with your child and your ability to meet your child's needs. Working remotely does not always mean you are available throughout the day. Some remote jobs require long meetings or strict schedules. Courts may also consider practical issues such as childcare responsibilities, transportation arrangements and how a proposed parenting schedule will work on a day-to-day basis.

Parenting plans must work in practice

Remote work has changed how many parents balance work and family responsibilities. In some households, that flexibility can support greater involvement in a child's daily routine. Custody decisions do not depend solely on where you work. Courts look at whether a proposed parenting arrangement will meet a child's needs and function successfully over time. As remote and hybrid work remain common, parenting plans may continue to evolve, but the focus remains on creating arrangements that support children and their day-to-day lives.]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[3 ways parenting plans may need to vary according to age]]> https://www.yellinlaw.com/?p=52838 2026-06-04T15:45:34Z 2026-06-04T15:45:34Z It’s easy when thinking about custody and parenting plans to fall into the trap of treating all children the same. The reality is that the requirements of one child to the next can vary hugely. One factor that is often behind this is their age. A plan that works well for a child of one particular age may be disastrous for one of a different age. This can be true even within the same family. Here are some of the ways things may differ.

1. The amount of time needed with parents 

Older teenagers generally do not require the presence of their parents as much as toddlers or babies. They may spend most of their day at school, and much of the rest of their time studying, or out with friends or partaking in activities. This can free up their parents to work longer hours or pursue their own interests. By contrast, a very young child needs almost constant attention. A young child may need daily calls from the parent they are not with to be considered in the parenting plan. A teen may not want to engage in such regular conversation, and can also just ring or message whenever they want from their cell phone.

2. The expenses to be split

Educational expenses are often fairly low when the kids are younger, as most attend free schools. Once a child goes to college, the cost will rise considerably with tuition fees and perhaps college accommodation to consider. The ratio co-parents use to split costs may no longer be feasible if one parent does not earn enough.

3. The importance of location

When your child is young, they may happily spend their spare time playing at either parent’s house, wherever they are situated. As they become older, they might find the location of one of the homes suits them much better. Perhaps one parent lives in the town where most of their friends live. Or maybe one makes it easier to get the bus to sports practice, while the other does not have a regular bus service, so they can only go when someone can drive them. Determining the ideal parenting plan can be challenging, and once you do make one, you may need to alter it as your child grows. Legal guidance can be helpful to make or amend yours. ]]>