Whenever the possibility of a marital split is on the horizon, several questions start to pop up in every direction. Some such questions, such as “Will I need to pay alimony?” or “Will I need to pay child support?”, begin to spin around in one’s head as if they were a confused character from an old movie.
To some, Alimony and Child Support serve to be a hindrance to their very economic existence. In contrast, for others, they serve as a lifeblood to continue an economically stable life after a breakup or divorce. Contact The Law Office of Biedak and Finlay Law.
What is Alimony?
Alimony, also known as Spousal Support or maintenance, is an obligation for one spouse to provide financial support to the other during or after a divorce or separation.
The Types of Alimony:
There are multiple types of Alimony:
- General Term Alimony – Awarded to a spouse financially dependent on the other spouse.
- Rehabilitative Alimony – Awarded to a spouse for a specific duration to assist them in becoming financially self-sufficient. This is often granted to support education or job training to put that parent in a more economically stable position.
- Reimbursement Alimony – Awarded when one spouse supports the other spouse through education or career advancement during the marriage. I.e., if one spouse paid for rent, food, and other living expenses while the other spouse went to Medical school or attended training to become a Commercial Airline Pilot.
- Transitional Alimony – Awarded for a limited period to assist the other spouse in transitioning into a new lifestyle or living arrangement. An example of Transitional Alimony would be if one spouse moved a long distance to live with a former spouse in a new area. That individual will have a higher cost of transitioning to their new life in that region than they would in their hometown.
How long does Alimony last?
The duration of alimony payments in Massachusetts depends on a variety of factors, including the length of the marriage. The shorter the marriage, the lower the amount owed in Alimony. The longer the marriage, the longer the possible alimony payments may be.
- A good example is that marriages of fewer than five years may result in alimony payments for up to 50% of the marriage’s duration, or none at all, while longer marriages may lead to longer-term or even indefinite alimony. But in a 20-year marriage, you can expect maintenance for a potential 20 years or more. This is all designated clearly in the Alimony Reform Act of 2011.
Also, where a judge concludes that temporary alimony has been paid for an unusually long period of time or that the recipient spouse has unfairly delayed the final resolution of the case in an attempt to prolong the payment of alimony, a judge, in her discretion, may determine that the appropriate duration of maintenance is below the presumptive maximum. M.G.L.A. c. 208, § 53(a); also, Holmes v. Holmes, 6 N.E.3d 1062, 1063 (Mass. 2014).
Can Alimony be modified?
The Court could modify an order for Alimony. Modification is allowed under specific instances, such as a significant change in a spouse’s income. However, the modification will depend on the type of Alimony. Payments made for rehabilitative or reimbursement alimony are more likely to be subject to a modification in the future than General Term alimony.
What if the former spouses still cohabitate?
Alimony payments can be modified or terminated if the recipient spouse cohabits with another person in a relationship similar to marriage. The court will consider cohabitation’s economic and non-economic aspects when making these determinations and whether they have been cohabitating for longer than 90 days.
What if a spouse retires?
Alimony payments may be modified or terminated upon the paying spouse reaching full retirement age or retirement if the court finds it appropriate.
What are the tax implications of alimony?
Under Federal Tax law changes that took effect in 2019, alimony payments are no longer tax-deductible for the payer or taxable income for the recipient.
What can I do to address Alimony?
Spouses can also address alimony in prenuptial agreements, which can specify the terms and conditions of spousal support in case of divorce or separation.
It’s important to note that divorce and family law matters can be complex, and the laws may change over time. Suppose you are dealing with issues related to alimony or child support in Massachusetts. In that case, it is advisable to consult with the experienced family law attorney, Robert C. Finlay IV, who can provide guidance specific to your situation and the most up-to-date information on Massachusetts state laws.
But the two most important details to remember are that Alimony is based on the person’s needs and the other person’s ability to pay. These items both have to be demonstrated. This of course comes with a vast grey area on how the parties ended up where they did and what was their career back story, or whether there may have been long-term illness or disability, whether one person was a homemaker the entire time, and a hundred other factors. Judges will weigh in on each significant factor.
Child Support and Useful Information
Child Support in Massachusetts is well established through the use of the Child Support Guidelines. These guidelines help determine the amount of child support that one party should pay to another. The determination of child support is based on several factors, including each party’s income, the number of children involved, and the cost of health insurance and childcare. It does not matter the gender of the parent when determining who pays child support. In most situations, the parent who pays child support is often the non-custodial parent (Who does not live with the child). Of course, it would not make much sense for a custodial parent (the parent who lives with the child), who pays to house, feed, and care for the child, to pay child support to a parent who does not take care of the child.
Child Support Guidelines Deviation:
- There are certain situations under which a Court would deviate from the MA Child Support Guidelines. Such instances occur when the Court determines that following the guidelines would be unjust or inappropriate to the parties against whom the child support would be derived. A standard example in which the Court would opt not to follow the MA Child Support Guidelines is when there are exceptional circumstances, such as a child with special needs or a parent in the military. This, too, is situational, but the threshold to deviate from support can readily be agreed to and is usually done in exchange for something else needed or helpful. However, if the parties will fight about it in court, your lawyer had better have several solid reasons why you should pay less or the other party shall pay more. The arguments I often hear are, “Just look at the car he is driving” or “Look at the money in the retirement account,” or “I can’t go on vacation this year,” or “My son has extracurriculars, private school tuition, Whole Foods diet, and so on, and she doesn’t want to pay it”. It is all situational. None of the abovementioned things would push a judge over the edge of deviation. The person asking for more would have to show hardship.
Who enforces Child Support?
Child Support is enforced through the Massachusetts Department of Revenue (DOR). The DOR assists in several matters, such as establishing paternity, locating parents, and enforcing child support through a variety of means, including wage deductions, tax payment intercepts, and, in worst-case scenarios, suspending driver’s licenses for those who refuse to make payment or even criminal charges! I find people should try to do it themselves without DOR intervention. Sometimes their involvement confuses easily tracked items, and when things change, the DOR presence makes it hard to implement change.
Modification of Child Support:
The Court may modify a child support order. Modifications are authorized if there is a substantial change in circumstances, such as a significant change in income or expenses. To modify, a party must request an improvement through the court. It is a lawsuit petition like any other; these actions take time and are expensive. I try to tell people to sit down and run the numbers with a lawyer before they do this because I’ve often seen people go to court and end up paying more, or people who want more end up paying less. There are a lot of constraints and math involved in a suit like this.
Who pays for Health Insurance?
When negotiating health insurance payments, the burden of providing coverage often falls on the parent with affordable coverage through their job. This doesn’t have to be the case. The parent who pays the insurance gets a small deduction to help them with child support.
Child Care?
Another such consideration in determining the amount of child support is the cost of childcare expenses. Whether it is the tuition paid by parents to send a child to a specific preschool, daycare costs, or the opportunity costs of staying home as opposed to going to work, It is no secret that childcare costs are astronomical.
Tax Implications:
Child support payments are neither tax-deductible for the paying parent nor considered taxable income for the receiving parent.
It’s important to note that divorce and family law matters can be complex, and the laws may change over time. Suppose you are dealing with alimony or child support issues in Massachusetts. In that case, it is advisable to consult with the experienced family law attorney, Robert C. Finlay IV, who can provide guidance specific to your situation and the most up-to-date information on Massachusetts state laws.
The Common Misconception of Paying Both Alimony and Child Support:
There is a common misconception that an individual going through a Divorce or Separation would be stuck with paying both Alimony and Child Support in full amounts. This is not true. There are limitations on what can be paid in alimony when child support payments are already being made.
Under the Massachusetts Alimony Reform Act of 2011, alimony is typically paid in addition to child support. However, if the non-custodial parent earns sufficient income, the Court may order alimony and child support to be paid to the custodial parent.
The Supreme Judicial Court of Massachusetts established a three-step framework that the Probate and Family Court judges must follow in situations where both alimony and child support are available: (1) The court must calculate alimony first, taking in consideration the factors laid out in the Alimony Reform Act, then calculate child support based on the parties’ income; (2) The Court would calculate child support, then calculate alimony based on the parties’ remaining income, if there happens to be any; then (3) the Court will compare the two awards and their tax consequences, then they will determine which of the two awards are more equitable.
So, while it is true a person would pay alimony AND child support, it would mean one parent had an income of over $200,000 per year, and the other parent had nearly nothing. Even then, the parent who had nothing would get a full child support share and then an additional sum in alimony, not max on both.
