Child Support and Alimony

Attleboro, Massachusetts: Child Support and Alimony

Bristol County ∙ Norfolk County ∙ Plymouth County ∙ Barnstable County ∙ Worcester County

In Massachusetts, child support amounts are calculated according to a formula known as the child support guidelines. Child support amounts are determined based on the income of each parent, the costs of health insurance and child care for the children, the existence of other support orders, and the percentage of time each parent has primary responsibility for the children.

Child support calculations are often a relatively straightforward part of the divorce process. Sometimes, however,  the calculation is not quite as straightforward.   Special rules apply when parents share physical custody of a child or have other children living in their household and when a parent is paying more than one child support order.  There are situations when an order which deviates from the child support guidelines is appropriate.  

Often a parent has questions and concerns about child support that require assistance from a family law attorney with advanced experience with child support conflicts and the laws relating to child support. 

  • Do you suspect that the other parent is underemployed, that is, not earning up to his or her capacity? Do you suspect the other parent is underemployed for the specific purpose of avoiding paying child support?
  • Do you suspect that the other parent is not being honest about how much he or she earns?
  • Are you arguing about whether the noncustodial parent should pay the full child support amount because you live far apart and the noncustodial parent has significant travel expenses in order to spend time with the child?
  • Are there special concerns about paying for private education, extra-curricular activities, college education or necessary medical care?

If you have questions about child support in your divorce case, then you should seek early advice from an experienced family law attorney.

At Volterra, Goldberg & Jacobs, Law Counsellors, Inc., we are frequently called upon to handle divorce cases in which child support is one of the most fought-over issues.

Our lawyers — each of whom has more than two decades of legal experience handling divorce cases — work with forensic accountants when necessary to make sure that the financial record for both parties is complete and accurate so that a fair child support amount can be calculated.

Is alimony — also called spousal support — going to be an issue in your divorce? On September 26, 2011, Massachusetts passed a sweeping alimony reform law.  The Alimony Reform Law creates new categories of alimony- such as Rehabilitative Alimony and Reimbursement Alimony-  and sets percentage and time limits on the payment of alimony. It provides that cohabitation can be grounds for a reduction, suspension or termination of alimony payments.  The Alimony Reform Law provides that where a payer is also paying a child support order, only the payer's income in excess of the amount used to calculate child support is available for payment of alimony.  If you are currently paying or receiving alimony, you may be affected by the new alimony law under certain circumstances, such as if your alimony order exceeds the durational limits contained in the new law.  

While judges have the discretion to enter an order that deviates from the strict application of the alimony statute, the frequency of such deviations remains to be seen.   Due to the immense changes to the alimony law in Massachusetts, it is important to retain a divorce lawyer who understands the nuances of  the Alimony Reform Law and knows how to create a strong argument to advocate on your behalf.

For answers to your questions about child support or alimony in a divorce case, contact Volterra, Goldberg & Jacobs to schedule a confidential consultation.