Ohlson & Ohlson, Attorneys at Law Ohlson & Ohlson, Attorneys at Law 2026-10-06T07:49:54Z https://www.ohlsonlawoffice.com/feed/atom/ WordPress /wp-content/uploads/sites/1104497/2020/09/cropped-site-identity-32x32.png On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[Splitting pensions and 401(k)s in a Massachusetts divorce]]> https://www.ohlsonlawoffice.com/?p=49468 2026-10-06T07:49:54Z 2026-10-06T07:49:54Z You have spent 25 years building your 401(k) or earning pension credits. Now a divorce could put half of that nest egg on the table, with fewer working years left to rebuild it. Knowing the law, the transfer rules and your negotiating options puts you in a stronger position before you agree to anything.

Massachusetts courts' broad power over retirement assets

Massachusetts judges have wide authority over your savings. A court may assign all or part of either spouse's estate, including vested and nonvested retirement benefits, pensions and deferred compensation. The standard is equitable property division, which is not always a 50/50 split. Judges weigh the length of the marriage and each spouse's age, health and ability to build assets before retirement. Even savings from before the marriage may be included, depending on the facts.

QDRO rules for 401(k)s and private pensions

A fair share on paper still has to reach the right account. Federal law under the Employee Retirement Income Security Act (ERISA) generally bars handing private plan benefits to someone else. The main exception is a qualified domestic relations order (QDRO), a court order that tells the plan how to pay a spouse's share. The plan administrator decides whether the order qualifies, so a signed agreement alone usually falls short. Money paid to a spouse under a QDRO generally avoids the 10% early-withdrawal tax, though regular income tax may apply. Individual retirement accounts (IRAs) usually skip the QDRO and move by direct transfer under the divorce judgment.

Public pension rules for Massachusetts government workers

Different rules apply if you work for the state, a city or town or a public school. Public pensions for teachers, police officers and firefighters fall under state retirement law instead of ERISA. These plans use a domestic relations order (DRO) that your retirement system must accept before you retire. If your spouse is your Option C survivor beneficiary when you retire, that choice generally cannot change later, even after a divorce.

Trade-off strategies that keep more of your retirement

You do not always have to split an account to reach a fair result. An offset lets you keep your pension or 401(k) while your spouse takes other assets, such as home equity. Pricing a pension often takes an actuarial valuation. You pay income tax on pre-tax 401(k) money when you withdraw it, so $100,000 there rarely equals $100,000 in home equity.

A full financial picture before you sign anything

Your retirement may be your largest asset, and an approved settlement is hard to undo. First, gather your account statements, plan documents and benefit estimates. Then get a complete assessment of what each asset is worth after taxes and over time. A family law attorney who handles retirement division can help you weigh your options and push for terms that protect your future.]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[Critical mistakes to avoid before your first court date]]> https://www.ohlsonlawoffice.com/?p=49465 2026-09-29T11:55:33Z 2026-09-29T11:48:51Z If you have just been released on bail or received notice of your arraignment, you should act promptly. The next 24 to 48 hours can be pivotal to your case. If you are facing criminal charges in Massachusetts, the steps you take before entering the courtroom may significantly influence the outcome. Many defendants unintentionally undermine their cases by making simple, preventable mistakes during the critical hours immediately following an arrest or release. Your decisions during this period can affect bail, conditions of release and how the case is first presented on the record.

Speak without consideration 

As the accused, you have protections against self-incrimination. Sometimes, the best thing to say is to not say anything at all. Do not post, vent or message witnesses or the alleged victim. In Massachusetts, no-contact orders are common at arraignment. Even “harmless” communication can create new charges or bail problems. Additionally, law enforcement may want to speak to you in an attempt to gather more evidence and information. Assume prosecutors can repeat anything you say in court.

Ignore paperwork, deadlines and prep

How you follow the conditions of your case can speak for you. The court looks for signs that you take matters pertaining to your case seriously. Read every document that they give to you during booking and release. They may also set conditions such as drug testing, curfews and more. Follow them immediately, because violations can trigger a bail revocation or a warrant.

Consent to search personal belongings

Do not consent to a search of a phone, computer, online account or other digital assets. Under federal law, police generally need a warrant before searching the digital contents of a seized phone. However, consent and other specific exceptions can change this. You should clearly refuse, but do not interfere physically if police proceed.

What happens at a Massachusetts arraignment

At arraignment, the court formally reads the charges and asks for your plea. The judge may address bail and conditions of release. The prosecutor may argue for higher bail or stricter conditions while your legal professional can argue for more reasonable terms. Your goal at arraignment is simply to avoid new issues and protect your case from further damage. If you treat the first 24 hours seriously, you give yourself the best chance to fight charges effectively.]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[Physical custody vs. legal custody]]> https://www.ohlsonlawoffice.com/?p=49463 2026-09-28T14:56:04Z 2026-09-28T14:56:04Z Understanding shared physical custody and day-to-day care Physical custody sets where your child stays and who watches them on a daily basis. State law defines shared physical custody as an arrangement where your child lives with and stays under the supervision of each parent for set time periods to ensure regular contact.
  • Sole physical custody with scheduled visits for the other parent
  • Shared physical custody with living and supervision time split between parents
Judges make these decisions based on what best supports the health, safety and daily happiness of your child.

Understanding shared legal custody and major decisions

State guidelines use the term shared legal custody when both parents continue to share decision-making responsibilities for their child.
  • Medical choices and mental health care
  • School selection and special learning programs
  • Religious practices and training
When parents share legal custody, both retain a say in big choices and follow agreed step-by-step plans if a disagreement comes up.

Protect your parental rights during custody proceedings

Custody decisions affect your relationship with your child for a long time. Talking with a legal professional can help protect your rights and draft a clear parenting plan.  ]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[What happens if my ex isn’t paying child support?]]> https://www.ohlsonlawoffice.com/?p=49443 2026-08-25T16:30:26Z 2026-08-25T16:30:26Z Taking steps to collect what is owed The state provides several tools to help you collect past-due support. The Massachusetts Department of Revenue (DOR) can initiate various enforcement actions based on the severity of the delinquency. Depending on the details of the specific case, some actions could include:
  • Income withholding from paychecks or unemployment benefits
  • Monthly interest and financial penalties accruing on past-due amounts
  • Intercepting federal or state tax refunds
  • Suspending driver’s or professional licenses
  • Placing liens on property or seizing bank accounts
If these administrative steps do not work, a judge can find the non-paying parent in contempt of court, which may lead to jail time.

Recognizing when the math needs to change

Sometimes, a parent stops paying because their financial situation has truly and significantly changed. In Massachusetts, you or the other parent can request a modification if there is a substantial change in circumstances. This might include a job loss, a significant raise or changes in the child's health insurance costs. A modification ensures the payment amount remains fair and sustainable based on current income levels and state guidelines.

Protecting your rights by staying the course

Frustration over non-payment might tempt you to take matters into your own hands or make some unwise decisions. However, doing so can jeopardize your legal standing and ultimately make the situation worse. Some common missteps that can backfire include:
  • Withholding visitation or phone calls as punishment for non-payment
  • Consistently accepting less money or fewer payments without court orders approving a change
  • Failing to keep records of payments, made or missed
Dealing with unpaid child support is a frustrating hurdle, but the legal system offers a clear framework for resolution. By using official channels and keeping records of missed payments, you can be well positioned to hold the other parent accountable and collect the support they owe.]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[Failed a field sobriety test? 4 ways testing can go wrong]]> https://www.ohlsonlawoffice.com/?p=49439 2026-08-20T14:30:22Z 2026-08-20T14:30:22Z 1. Improper instructions can affect your performance Officers receive training to explain and demonstrate SFSTs. If an officer skips instructions or explains them unclearly, you may not understand what to do. That can affect your performance and the reliability of the officer’s observations.

2. Physical limitations can affect balance and coordination

Balance and coordination problems do not always indicate impairment. An inner-ear problem, leg or back injury, limited mobility or another physical condition may make standing on one leg or taking heel-to-toe steps difficult. Massachusetts officers receive formal training on administering SFSTs and dealing with medically impaired drivers. If a physical limitation is overlooked, it may provide important context for your performance.

3. Roadside conditions can make testing more difficult

Officers usually conduct these tests near the traffic stop. Uneven pavement, loose gravel, poor lighting, rain, snow or other conditions may make movements harder or affect what the officer can observe. These conditions do not automatically invalidate a test. However, the surface, weather and lighting may matter when reviewing how it was conducted.

4. Officer observations involve some judgment

SFSTs use defined performance clues, but an officer must still observe and evaluate what you do. Deciding whether your movements meet those criteria introduces an element of judgment. For example, an officer may note that you stepped off a line, used your arms for balance or put your foot down. Video footage, the officer’s report and other evidence may provide more context about what happened during the test.

Why the full record matters after an OUI arrest

Field sobriety testing is only one part of an OUI case. Driving behavior, statements, police reports, video footage and chemical test evidence may also matter. Legal guidance can help you understand how OUI evidence fits together and whether the prosecution’s account is supported by the available facts.]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[Do grandparents have rights in Massachusetts divorce cases?]]> https://www.ohlsonlawoffice.com/?p=49436 2026-08-04T20:32:33Z 2026-08-04T20:32:33Z Grandparent visitation rights in Massachusetts Massachusetts law acknowledges that grandparents may seek visitation rights under certain circumstances. Courts presume a fit parent acts in the child’s best interests when denying or limiting visitation. A judge may order grandparent visitation only in limited situations, usually only if denying it would cause the child significant harm.

Conditions for seeking visitation

In Massachusetts, grandparents may petition the court for visitation rights under certain circumstances:
  • If the child's parents are divorced
  • If the parents are married but living separately under a temporary order or judgment of separate support
  • If one or both parents are deceased
  • If the child was born out of wedlock (provided paternity has been established and the parents are living apart)
However, the court's decision rests on more than just the child's best interests.

The child's best interests and parental rights

Massachusetts courts prioritize the child's well-being, but they must also give special weight to the decisions of fit parents. When determining grandparent visitation, the court considers various factors, including the child's relationship with the grandparents, the potential disruption to the child's life, and the wishes of the child (if they are mature enough to express them).

Proving "significant harm" to the child

To overcome a parent's decision, Massachusetts law requires grandparents to prove that the failure to grant visitation will cause the child significant harm. This is a high legal burden. Grandparents often need to show a deep, ongoing relationship and that cutting it off would likely cause the child significant harm. Simple "best interests" are not enough; the grandparents must show that visitation is necessary to protect the child from the harm of losing the relationship.
Your bond with your grandchildren can offer a sense of belonging and unconditional love. While family transitions can be difficult, your commitment to staying in their lives is a powerful testament to that love, and there are supportive ways to help you protect your place in their hearts and their future.
]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[What penalties can you face for refusing a breathalyzer test?]]> https://www.ohlsonlawoffice.com/?p=49433 2026-06-25T11:16:19Z 2026-06-25T11:16:19Z What is the implied consent law? Massachusetts is an implied consent state. By driving on public roads, you are deemed to have consented to chemical testing under certain circumstances if an officer suspects you are driving under the influence. Chemical testing generally includes breath or blood testing, depending on the circumstances. Refusing a breathalyzer test violates that implied consent requirement, which typically subjects you to legal penalties. The consequences for refusing a breathalyzer test are separate from penalties you might face for an OUI conviction. Many drivers do not realize that a refusal alone can lead to punishment, even if they were not intoxicated.

What are the state’s license suspension penalties?

Refusing a breathalyzer test in Massachusetts triggers an automatic license suspension. For a first refusal, you will generally face a 180-day suspension of your driver's license. This suspension starts right away, even before your case goes to court. Penalties may become more severe if you have prior OUI convictions or past breathalyzer refusals. A second refusal leads to a three-year suspension. A third refusal results in a five-year suspension. These penalties can make it harder to work, attend school and handle your daily responsibilities.

What other consequences should you consider?

Refusing the breathalyzer test does not guarantee that you will avoid an OUI conviction. The police can still arrest you based on other evidence, including field sobriety tests, driving behavior or signs of intoxication. Understanding the consequences of refusal can help you weigh those considerations more carefully.

Your awareness can protect your interests during a traffic stop

Knowing the consequences of refusing a breathalyzer test can help you make better decisions during a traffic stop. While refusal may seem like a way to avoid incriminating evidence, it can lead to serious penalties and make your defense harder. Before refusing a test, consider how that decision could affect both your driving privileges and your legal case.]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[Protecting your business revenue from being counted twice for alimony and asset division]]> https://www.ohlsonlawoffice.com/?p=49429 2026-06-16T07:48:52Z 2026-06-16T07:41:32Z If you own a business, divorce can bring financial concerns that go beyond dividing property. One issue that often worries business owners is "double dipping." In simple terms, you may fear that the same business income could affect both the value of your company and the amount of alimony you may need to pay. Understanding how Massachusetts handles this issue may help you prepare for the business valuation process and better understand what could affect your finances after divorce.

What is the double dipping conflict?

During a divorce, a court must not use the same business income twice. For example, a court may look at your company's past and expected earnings to decide how much the business is worth when dividing marital property. The court may then consider that same income when deciding whether alimony is appropriate and, if so, how much to award. Many business owners see this as an unfair financial burden because both decisions rely on the same source of income. Massachusetts law addresses concerns about this type of overlap.

Why does business income receive special scrutiny?

A closely held business often represents years of hard work and careful planning. Unlike money sitting in a savings account, a business depends on steady income to keep running and growing. During a divorce, you may worry about several financial pressures, including:
  • Paying a large property award based on your company's value.
  • Covering ongoing alimony payments tied to the same income source.
  • Keeping enough cash on hand to pay employees, manage inventory and support future growth.
These concerns are common. Courts may take a closer look at how financial experts value a business before making decisions that affect both spouses.

How does Massachusetts address double dipping?

Massachusetts law states judges must leave out capital gains, dividends and interest income from assets that the spouses already divided when calculating alimony. In some situations, if an expert uses future business earnings to determine the value of the business for property division, those same earnings may not also form the basis for alimony.

Looking ahead with greater clarity

Concerns about double dipping often show why accurate business valuations matter during high-asset divorce. Massachusetts courts may review your financial records, the valuation methods used and the facts of your situation before making a final decision.]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[How can your clothing affect field sobriety test performance?]]> https://www.ohlsonlawoffice.com/?p=49427 2026-06-04T08:58:20Z 2026-06-04T08:58:20Z Footwear creates the biggest challenge Your shoes play an important role in how well you can perform balance-related sobriety tests. High heels make it extremely difficult to walk in a straight line or stand on one foot. The elevated heel shifts your center of gravity and reduces your stability, making even simple tasks challenging. Platform shoes, wedges and boots with thick soles also affect your balance and coordination. Flip-flops or loose sandals can slip off your feet during the test, causing you to stumble. Even worn-out shoes with smooth soles can make you lose your footing on wet or uneven pavement. If you are wearing heels higher than two inches, officers should allow you to remove them before testing.

Restrictive clothing limits your movement

Tight skirts, dresses or pants may restrict your range of motion during field sobriety tests. The walk-and-turn test also requires you to take heel-to-toe steps, which becomes difficult if you are wearing a pencil skirt or a tight dress. Similarly, the one-leg stand test demands balance and flexibility that restrictive clothing prevents. Heavy coats or bulky jackets affect your balance by adding weight and limiting arm movement. Officers use your arm positioning and balance as indicators during these tests, so anything that interferes with natural movement can lead to poor performance.

Why clothing matters for test validity

Field sobriety tests are designed to help police officers find evidence of OUI. However, these tests assume you are wearing appropriate clothing and footwear. When your outfit makes the tests more difficult, the results may not accurately reflect your sobriety. Massachusetts officers receive training on how clothing can affect test performance. They should account for these factors when evaluating your results. However, not all officers properly consider how your attire might influence your performance. If you find yourself in this situation, you might politely mention concerns about your clothing affecting the tests. While officers make the final decision about testing conditions, bringing attention to legitimate obstacles could be important later if you need to challenge the results.

Protecting yourself from wrongful charges

Understanding how your clothing and footwear can affect your performance on field sobriety tests helps you better evaluate the situation during a traffic stop. By recognizing potential obstacles and communicating them clearly, you can help ensure a more accurate assessment. Staying aware of these factors allows you to protect your interests and make informed decisions.]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[What does implied consent mean in Massachusetts?]]> https://www.ohlsonlawoffice.com/?p=49425 2026-05-07T12:35:58Z 2026-05-07T12:35:58Z The basic principle of implied consent When you first obtain your Massachusetts driver's license, you generally consent to submit to chemical testing if a police officer has reasonable grounds to believe you are driving under the influence of alcohol or drugs. This consent is "implied" because it comes with the privilege of driving, not from a document you sign in a traffic stop. Chemical tests under the implied consent law generally include breath or blood tests. An officer may request one of these tests only after an arrest for operating under the influence. The law assumes that by choosing to drive in Massachusetts, you agree in advance to cooperate with this testing process.

Consequences of refusing a chemical test

You have the right to refuse a chemical test in Massachusetts. However, this refusal may come with significant consequences. If you refuse, the Registry of Motor Vehicles could automatically suspend your license. Suspensions for refusal typically scale based on your prior record:
  • 180 days for a first refusal
  • 3 years for a second refusal
  • 5 years for a third refusal
  • Lifetime suspension for a fourth refusal
Keep in mind that if you are under age 21, the penalties are generally more severe. A first-time refusal may result in a 3-year suspension, plus additional mandatory programs required by the RMV. It is important to note that these suspensions are administrative penalties separate from any criminal charges you might face. Even if the court later finds you not guilty of operating under the influence, the license suspension for refusing the test remains in effect.

Knowledge protects your rights

Understanding implied consent laws could help you make smarter decisions after an OUI arrest. The choices you make during a traffic stop can affect your driving privileges and your future. By knowing your rights and the potential consequences of your actions, you may navigate your options with greater confidence and protect your interests.]]>