Hearing the Call for Alimony Reform

“Fair,” “Predictable,” “Balanced,” and “Much Anticipated” were the words used to describe An Act to Reform and Improve Alimony, at yesterday’s Judiciary Committee hearing in standing room only Gardner Auditorium. For the BBA, which has worked long and hard on this issue, it was a day that underscored the difference practicing attorneys can make when they volunteer their time to help draft fair and impartial legislation.

Senator Candaras and Representative Fernandes could not have been more gracious in their praise of those lawyers who endured fourteen months of marathon sessions in an effort to craft an impartial and fair law.  The BBA’s Family Law Section Co-Chair, Kelly Leighton, was the BBA’s liaison to the 14-person Legislative Alimony Task Force that worked for months behind closed doors on this legislation.

Through their public testimony, members of the Task Force described the process and what it would mean to divorcing parties inMassachusetts.  And we learned what happened in those private meetings yesterday.  Kelly Leighton testified that “the only thing we could agree on at the start of the process was that the law needed to be changed.”  It was emphasized that nobody got everything they sought and everyone gave up something they wanted.

The Task Force fittingly gave credit to the leadership of both Senator Candaras and Representative Fernandes.  They assembled representatives from groups often at odds on this issue and managed to get them to work towards a simple goal – making the Massachusettsalimony law better.  Also at the table at those meetings was Chief Justice Paula Carey of the Probate and Family Court.  Her guidance was critical to the process.  She was generous with her time and the Task Force was careful to not recommend anything that would adversely impact the Probate & Family Court.

The Task Force didn’t just spin their wheels…they did real work.  They incorporated divergent views and different perspectives to produce what has been heralded as a landmark statute that will modernize the laws guiding alimony payments and grant judges more discretion in their decisions.

Senator Candaras interpreted the participation of the individuals on the Task Force as an opportunity to serve.  She described it as a great experience and recognized the participants for generously donating hundreds of hour of professional time.  Now the Legislature must pass this bill.   With its broad support there’s buzz that it could happen this spring.

Yesterday’s hearing also focused on other issues near and dear to the BBA – including  the repeal of the adopted children statute (H 2262), the Massachusetts Uniform Trust Code (H 2261 and S 688) and technical corrections to the Massachusetts Probate Code (S 733).  I was impressed with the attention the members of the Judiciary Committee gave to each person who was called to testify and I was especially impressed with our own members who sat for hours listening to others testify on the various issues on yesterday’s agenda.  Our last bill to be heard, the technical corrections to the probate code, was called at 6:30 p.m. – five and a half hours after the hearing started.

Advocacy is a long process involving many talented volunteers, thoughtful legislators and lengthy hearings.  This is what defines life in a constitutional democracy.

-Kathleen Joyce

Government Relations Director

BostonBar Association

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