Thursday, July 22, 2010

Alimony and child support

The length of the marriage usually determines the complexity of the divorce case. Marriages shorter in term than ten years are generally regarded as short-term marriages. A spouse in such a marriage may be eligible for alimony, but if there is any award it is more likely to be shorter in duration and rehabilitative in nature. That is, the recipient would still likely be expected to provide for themselves post-divorce. Marriages longer than ten years would be regarded as long-term marriages and are generally better cases for alimony as these marriages more often include children of the family and perhaps one spouse foregoing employment outside of the home in order to serve as the primary caretaker. Couples with children are required to file affidavits of care and custody detailing any prior family court involvement with their children as well as completing a parental education requirement by attending a two-part class. Child support can be arranged between the parties by voluntary payments rather than state wage garnishment but would in most cases be required irrespective of the parties' means relative to one another. Child support guidelines apply for payor incomes up to a level of $100,000.00 annually. Such cases also require a more detailed long-form financial statement for parties with income over $75,000.00 annually. There are not alimony guidelines in Massachusetts, but if there is any award that is not a lump-sum payment as a division of assets, the amount is likely to be based upon a share of the payor's net income. Various factors concerning the parties' conduct during marriage can affect alimony awards and the division of assets between the parties.

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