Brian Waller
I transitioned to divorce and family law after 15+ years working in accounting and operations for start-up technology companies. I strongly believe lawyers overlook the client experience and often force clients to work their way instead of the best way for the client. I try to look at everything from the client's perspective and make every effort to make things as easy as possible for them.
I strongly believe the best way to resolve disputes is through direct communication with the other party. The court system should be the last resort, and we have no problem advising clients that they are better off handling an issue themselves if that is the best approach for the client. I view the client relationship as a long-term collaboration rather than a quick, one-time money grab. I would rather that a client be completely confident in recommending us to a friend, or come back years later when they do need a lawyer. Almost all orders in cases with children need to be modified at some point for changes to child support, the parenting schedule or college expenses. My goal is that once someone becomes a client, they never even consider calling someone else when they need an attorney. If they have a great experience working with us, feel like we understood their goals and represented them well, and they received good value for the money they spent, there should (hopefully!) be no reason to start over with a new attorney.
I specialize in divorces with financial issues, whether high-income or net worth, family-owned businesses, real estate, retirement assets, or stock options and other equity compensation. All divorces have a range of issues though, so I am certainly not limited to financial cases by any means. Every case is unique, which is the reason I love doing what I do.
- Divorce
- Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
- Family Law
- Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
- Domestic Violence
- Domestic Violence Restraining Orders, Victims Rights , Victims Rights
- Free Consultation
- Credit Cards Accepted
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Rates, Retainers and Additional Information
We are one of the very few firms that offer true flat fees for Family Law. We feel hourly fees encourage inefficiency because there is no incentive to improve, and the client ultimately pays for that lack of efficiency. We want to change the way legal services are delivered, and we want every client to have a great experience and be excited to refer their friends and family to us.
- Massachusetts
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- US District Court, District of Massachusetts
- ID Number: 685672
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- English: Spoken, Written
- New England Law | Boston
- J.D. (2012)
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- University of Massachusetts - Amherst
- MBA (2008)
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- Certified Financial Litigator
- AACFL
- Recognized by the AACFL as having completed our comprehensive training in the financial aspects of divorce including complex financial issues, achieved a passing grade on the CFL Exam and is in good standing with the American Academy of Certified Financial Litigators. These individuals represent an elite group of practitioners nationwide who have achieved this status - the highest level award granted by the AACFL.
- Rising Stars
- Super Lawyers
- Top 10 Family Law Attorney
- Attorney and Practice Magazine
- State Bar of Massachusetts
- Member
- Current
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- Massachusetts Bar Association
- Current
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- Worcester County Bar Association
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- Q. I want to file for child support. Do I need a lawyer for that??
- A: You would either need to file for divorce or file a Complaint for Separate Support if you do not want to file for divorce. With either of those, you can file a motion for temporary orders, which would include child support and anything else you would want a judge to address on a temporary basis. The time it takes to get that scheduled varies from county to county, but if you go to your closest Probate and Family Court they can point you in the right direction. An attorney could do all of that for you as well. The timing is sort of out of your control once you file, but the sooner you start the process, the sooner child support could be ordered.
- Q. Can wife’s ex-husband just stop paying child support and decide what he’s going to pay? In MA
- A: The ex-husband can't unilaterally make changes to child support, no matter the reason. It can only be done via a court order. That court order could be the result of a written agreement by the parties to make changes or from a judge after a hearing, but the ex would be in contempt if he just changed the amount. Regarding the child that is 21, he would need to get an order to stop support, but if it is paid through DOR then DOR may stop it automatically on the child's 21st birthday. That should only happen if there is one child though, as DOR wouldn't be able to calculate support for the remaining child. Regarding children he had AFTER the 2 children with his ex-wife, they are not a justification for a reduction of support. If the wife was seeking an increase in child support, the subsequent children can be used as a defense to an increase. The judge would have discretion on how to handle that issue given the other moving parts.
- Q. Can an unmarried mother of two children request retroactive child support when initially filing for child support?
- A: Usually, a retroactive order can only go back as far as the date the opposing party was served with the complaint for child support. If there has never been an order previously, you may have the ability to argue for retroactive support back to the child's date of birth, but it would depend if there was any sort of adjudication of paternity. I would recommend filing ASAP in any event, it wouldn't hurt to attempt to go retroactive to their dates of birth. A judge would look at any financial support he provided in the past and also likely ignore any period in which you lived together, but you may have a shot at some support before the date of service. It won't hurt to try.
