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.

In most situations, 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 if they need to return to court. If they have a great experience working with us, feel like we understood their goals, 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.

New England Law | Boston

J.D. (2012)

2008 - 2012

University of Massachusetts - Amherst

MBA (2008)

2006 - 2008

Senior Attorney

Turco Legal, P.C.

2024 - Current

Certified Financial Litigator

AACFL

2019

Rising Star

Super Lawyers

2022

Certified Financial Litigator

AACFL

2021

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 Star

Super Lawyers

2021

Rising Star

Super Lawyers

2020

Top 10 Family Law Attorney

Attorney and Practice Magazine

2019

State Bar of Massachusetts

Member

Current

Massachusetts Bar Association

Current

Worcester County Bar Association

Current

Massachusetts

Since 2012

US District Court, District of Massachusetts

ID Number: 685672

Since 2018

• Free Consultation
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Q. Can child support be modified due to children’s current living and schooling situations in MA?

March 3, 2025

A: The easy answer is yes, you can always ask the court to recalculate child support if there is a difference in the amount of child support in effect compared to what the child support would be based on recalculation.

To go a little deeper though, you should first recalculate child support using the form on mass.gov to see what the new child support would be. Depending on when the current order was issued, child support could actually be higher than what you are paying now.

If both kids were under 18 and both are now over 18, that would likely result in a reduction. However, when the child support guidelines calculation was changed in 2021, it resulted in an increase for payors of child support with more than one child (all other things being unchanged).

In terms of the enrollment status of your kids and whether they would be considered emancipated (and no longer eligible for child support), it is a little more complicated. If your daughter is living at school, but her primary home is with your ex, she would still be eligible for child support. Your son is a little different if he has income from his vocational program. That is a very fact-specific issue and could vary based on the details.

Overall, I would suggest speaking with an attorney before you file for a modification. The worst thing would be to start the process expecting a reduction and ending up with an increase. ... Read More

Q. Will my husband maintain our health insurance during and after divorce in MA?

February 20, 2025

A: He will definitely need to maintain the insurance during the divorce. There is an automatic (financial) restraining order that goes into effect at the start of the divorce (Supplemental Rule 411). That restraining order basically prohibits both parties from making any financial moves that damage the other party. That includes terminating or changing insurance coverage (health, auto, etc.), obtaining credit in the name of the other party, and a few other things.

As far as after the divorce, a lot depends on whether your spouse's employer offers coverage to former spouses. It is usually pretty easy to get information from employers about their policy. Sometimes it is beyond the parties' control. In any event, he would be able to maintain coverage for your kids and the worst case would be that you would need to get your own individual coverage. This issue is often resolved by agreement, it usually makes sense for the parties to figure out the most cost-effective way to cover the parties and the kids. The cost of insurance is factored into the child support calculation as well. ... Read More

Q. Seeking attorney to appeal family law judgment due to perceived bias and improper evidence consideration.

February 17, 2025

A: Family law appeals are an uphill battle and the majority of appeals are unsuccessful. Judges have tremendous discretion in deciding issues, and reviewing courts (like the Appeals Court) defer to the judge's determinations regarding credibility of the parties. A reviewing court will almost never second-guess a judge's decision to put more weight on certain evidence (including testimony), since the judge was in the best position to observe the demeanor of the parties.

If the argument is that the judge abused their discretion by deciding something that had evidence supporting each side of the issue, that is almost certain to fail. Most successful family law appeals involve the judge making an error in interpreting the law or applying the law incorrectly. A discretionary decision by a judge is almost always upheld unless it is unsupported by the record or goes against the judge's other findings.

It sounds like you would be raising a due process issue with how the hearing was conducted. Judges also have discretion in how they manage hearings and either admit or deny admission of evidence. There are minimum due process requirements, but if the outcome would have likely been the same either way, it may not be a winning argument.

I am not trying to dissuade you (or anyone) from pursuing an appeal of a family law case, however, if the argument amounts to dissatisfaction with the outcome and there was no error on the part of the judge, it is really tough to have a decision reversed on appeal. ... Read More