Alimony / Child Support

Child Support

Child support is the amount of money the court will order one parent to pay the other parent each month for the support of a child. Massachusetts has a formula for calculating child support called "guideline child support" which is calculated by using a computer program. The program bases its child support order on the income of both parties, costs of health insurance and daycare (if applicable), the number of children in the family, and other factors. Parties can always agree to a different amount of child support as long as the child's needs are met.

In Massachusetts, the issues of child custody and child support are intertwined. Of the two main factors in determining child support - the amount of time the child spends with each parent and the income of the parents - the time factor is the most relevant in deciding whether either parent will pay support. Whether you are the parent who is likely to pay support or the parent more likely to receive support payments, Deirdre O'Brien will discuss all the factors the court must consider in ordering support. We can calculate child support payments and determine how you will be impacted financially, regardless of whether you are required to pay support or are the custodial parent set to receive payments.

Child support orders generally last until a child turns 18 (or graduates from high school), or up to age 23 for a full-time college student.

If you have questions regarding child support, The Law Offices of Deirdre O'Brien can explain Massachusetts's child support formula and discuss what extenuating circumstances the court may consider in its final determination.

When you have Questions about Child Support, We have Answers

The Law Offices of Deirdre O'Brien advises and represents clients in child support cases involving the following:

• Calculating child support

• Child support and visitation rights

• Locating a former spouse who owes child support

• Modifying child support payments due to illness or job loss

• Collecting child support after establishing paternity.

We also help former spouses enforce divorce judgments that order child and/or spousal support.

Child Support and Post-Divorce Modifications

Failure to pay child support can create substantial legal complications. Not only could your wages be garnished and your assets seized, you could have your driver's license suspended and be thrown in jail. If unemployment or illness has impacted your ability to pay child support, we can prepare all necessary documentation needed by the court in requesting a modification of your child support obligations.

 

Spousal Support

Spousal Support and Alimony Law

Spousal support, or alimony, is the amount of money the court orders the higher wage earning spouse to pay to the other spouse every month. Spousal support can be a temporary and/or a final order by the Court. Spousal support is typically based on a formula. Generally, the guideline for spousal support is approximately one-third of the higher wage earner's income, or approximately one-third of the delta between the parties income when both parties are working.

A final or "permanent" order of spousal support can have a termination date or be ordered indefinitely. In short-term marriages, generally those that are less than 10 years in length, the court will usually order spousal support be paid only for a time period equal to approximately half the length of the marriage. In marriages of long duration, the court may order support indefinitely. A final spousal support order must be based on the factors contained in the Alimony Reform Law.

Either spouse can ask the judge to change the support amount if the situation changes. For more information on how to change a support order, click here

A spouse can also ask the judge for help collecting (enforcing) a support order. For more information on how to enforce a support order, click here

For more information on how spousal support is calculated, click here

Questions about Massachusetts spousal support? We have answers.

If you think you may have to pay support to your soon to be ex-spouse, you need an attorney who can explain how the alimony law works.

Factors that the court must take into account include:

o What is the length of your marriage?

o Do you have a much larger income relative to your spouse's income?

o What is the tax impact on each party?

o Do you still have minor children?

o Are they in your custody or the other parent's?

o Will you also be paying child support ?

o How do property division, healthcare and life insurance costs figure in?

If you are already paying alimony, but your financial circumstances have changed, you need Deirdre O'Brien to help you get a modification of the divorce decree.

If you are an ex-spouse who is supposed to be receiving support, but payments are sporadic, late, or non-existent, you need Deirdre O'Brien can bring an enforcement action as well as find your former spouse, find the assets and make collections.