http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html 2010-02-18T23:22:40.548-05:00 http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Can_lifetime_Alimony_Spousal_Su 2010-02-18T23:22:40.548-05:00 Answer: The Court will look at the specifics of the case including the factors outlined in Massachusetts General Laws Chapter 208 Section 34 to determine whether short term, long term, lifetime, or for that matter any alimony is warranted. The Court is given broad discretion in determining the type of Alimony to award in long term marriages.<br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#If_I_lose_my_job_my_business_de 2010-02-03T11:19:43.538-05:00 Answer: It all depends on the circumstances surround your case and the details of the existing Massachusetts alimony order. The Court has the discretion to keep the existing order in place in some cases where the Court finds that the payor spouse voluntarily loses his/her job. If the Court finds that the payor spouse is no longer able to work due to health reasons, the Court will most likely modify the existing alimony order.<br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Can_my_former_spouse_file_for_b 2010-02-03T11:16:27.872-05:00 Answer: No! Both Alimony and Child Support obligations may not be discharged or eliminated in the Bankruptcy Court. In other words, Federal Bankruptcy Laws exempt the discharge or elimination of Massachusetts court ordered alimony or child support awards. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#If_my_ex-spouse_is_delinquent_i 2010-02-03T11:14:37.269-05:00 Answer: You can file for complaint for contempt against your former spouse (ex-spouse) for his/her failure to pay alimony. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Is_Alimony_awarded_in_short_ter 2010-02-02T17:03:37.461-05:00 Answer: Courts will generally not award alimony in short term marriages but may consider awarding rehabilitative or short duration alimony to give homemakers, non employed, or low earning spouses the opportunity to finish school,or to retrain, or provide time to reenter the workforce. As part of a divorce settlement, the Courts will consider child support in whole or in part as alimony provided the after-tax support received by the custodial parent is not diminished. It's important to remember that the Court has discretion about whether or not to award alimony based on the specifics of your case regardless of the duration of the marriage.<br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Do_I_have_to_pay_Federal_income 2010-02-02T17:02:28.104-05:00 Answer: Yes! Alimony is income to the recipient spouse or former spouse (ex-husband or wife) and must be included in your Federal as well as Massachusetts State income tax return as the income is taxable subject to the IRS and Massachusetts Department of Revenue (DOR) guidelines.<span style="font:10px Verdana, serif; "><br /></span> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Does_a_spouses_cohabitation_wit 2010-02-02T16:58:28.677-05:00 Answer: A spouse's cohabitation is not one of the factors identified in Massachusetts General Laws, Chapter 208 Section 34. A court may consider only the statutory factors when making the determination of an alimony award thus making it unlikely that an existing alimony award would be reduced or terminated under those circumstances. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Will_my_Massachusetts_Alimony_S 2010-02-02T16:57:52.543-05:00 Answer: It will by highly unlikely that your alimony payment would terminate if you move in with your boyfriend or girlfriend as cohabitation is not a factor a trial judge shall consider in the award of alimony in Massachusetts. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#If_my_ex-wife_trust_income_appr 2010-02-02T16:57:18.197-05:00 Answer: Yes, you can file for a modification in alimony because of the material change in circumstance of your job and your former spouse's increased income from his/her trust. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Can_I_apply_in_Massachusetts_fo 2010-02-02T16:56:48.470-05:00 Answer: No! Unlike child support, once an Alimony order is entered, you will most likely be unable to change the alimony order as a result of your former spouse's increased earnings. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Does_Massachusetts_Alimony_Spou 2010-02-02T16:56:09.759-05:00 Answer: It depends on the circumstances surrounding your situation. The normal retirement of a supporting (paying) spouse may justify the filing of an alimony modification by showing a change in circumstance such as a reduction in income as a result of retirement. The Court considers all factors identified in Massachusetts General Laws, Chapter 208 Section 34 in determining whether or not to reduce, terminate, eliminate, or leave the existing alimony order unchanged. <br /><br />If you retire prematurely or voluntarily leave your job too early, you may be ordered to continue to pay alimony at the current levels. If you retire or lose your job and are unable to find employment at your current salary, the court may consider your lower earnings capacity to reduce your alimony order. <br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Is_there_a_formula_or_calculato 2010-02-02T16:55:49.448-05:00 Answer: At this time, the Massachusetts legislation and Courts have no set formula, calculator, or worksheet to help determine Alimony awards.<br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Can_I_get_Alimony_in_Massachuse 2010-02-02T16:53:37.910-05:00 Answer: No. There are currently no laws that allow for an unmarried custodial parent to obtain alimony or spousal support upon the breakup of the family or relationship. However, you can get Child Support from the non custodial parent. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Does_Massachusetts_have_guideli 2010-02-02T16:53:25.221-05:00 Answer: Massachusetts has no set formula for the Courts to follow when making an alimony award. The Court has discretion in the amount of the award based on the factors listed in Massachusetts General Laws, Chapter 208, Section 34. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Is_Alimony_awarded_in_long_term 2010-02-02T16:53:06.590-05:00 Answer: The Courts will generally award long duration or even permanent alimony in long term marriages where one spouse earns significantly more than the other. If the combined income of both parents falls below the Massachusetts Child Support guideline of $250,000/yr (back in 2009), the courts may forego alimony in favor of child support as there may not be enough income to pay for both. When the children are emancipated and the child support burden is removed, the custodial parent may file for a modification of the divorce judgement to have the alimony initiated.<br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Is_Alimony_awarded_in_mid_term_ 2010-02-02T16:52:40.181-05:00 Answer: Courts may award rehabilitative or short duration alimony in mid term marriages to give homemakers, non employed, or low earning spouses the opportunity to finish school, retrain, or to provide time to reenter the workforce. As part of a divorce settlement, the courts will consider child support in whole or in part as alimony provided the after-tax support received by the custodial parent is not diminished. It's important to remember that the Court has discretion about whether or not to award alimony based on the specifics of your case regardless of the duration of the marriage.<br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Can_alimony_be_awarded_in_Massa 2010-02-02T16:52:16.557-05:00 Answer: If your family income is $250,000 or less, the courts in Massachusetts will usually not award alimony in addition to child support. The courts will consider child support in whole or in part as alimony provided the after-tax support received by the custodial parent is not diminished.<br /><br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#If_my_ex-husband_or_ex-spouse_i 2010-02-02T16:47:24.314-05:00 Answer: You can file a complaint for contempt in Massachusetts for failure to pay alimony in a timely manner.<br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Under_what_conditions_can_an_al 2010-02-02T16:44:27.369-05:00 Answer: The Court Order for alimony in Massachusetts can be changed,modified or terminated if it can be shown that a material change in circumstance has occurred in order to warrant a change to an existing court order.<br /><br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#How_is_Massachusetts_Alimony_or 2010-02-02T16:41:42.303-05:00 Answer: There currently is no set formula, calculator, or guideline enacted or endorsed by Massachusetts Legislature or the Courts that can be used to help determine your alimony obligation. Massachusetts General Laws Chapter 208 Section 34 lists factors the court shall consider in determining whether or not to award alimony. The Court considers these factors when determining how much, if any, alimony is to be awarded. Some of the factors the court considers include: the length of marriage, the conduct of the parties during the marriage,the age, health, station, occupation, amount and sources of income, vocation skills, employability, estate, liabilities, and needs of each of the parties and the opportunity for future acquisition of capital assets and income. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#What_happens_to_my_Massachusett 2010-02-02T16:26:55.191-05:00 Answer: If you lose your job, you have a material change in circumstance that will allow you to file for a Massachusetts alimony modification to try and reduce your existing alimony order. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#How_long_will_a_Massachusetts_A 2010-02-02T16:13:15.713-05:00 Answer: An alimony award in Massachusetts will last until the recipient spouse marries, or death of either party, or a modification of an existing alimony order. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#How_is_Massachusetts_Alimony101 2010-02-02T15:45:35.453-05:00 Answer: Massachusetts General Laws Chapter 208 Section 34 lists factors the Court considers in determining whether or not to award alimony. The Court considers these factors, along with the specifics on a case by case basis, to determine how much, if any, alimony is to be awarded.<br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#If_my_ex-spouse_gets_a_second_j 2010-02-02T15:43:33.389-05:00 Answer: You can file for alimony modification if there has been a material change in circumstances. The Court has discretion whether or not to modify the existing Order based on factors in Massachusetts General Laws Chapter 208 Section 34. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#If_you_lose_your_job_can_the_Ma 2010-02-02T15:39:51.173-05:00 Answer: In Massachusetts, your second wife's income can be taken into consideration in order to satisfy an existing order.<br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Will_my_Massachusetts_alimony_b 2010-02-02T15:38:06.171-05:00 Answer: The judge has discretion about whether to keep the original alimony order unchanged. If you change careers or get a new job that substantially reduces your income, the judge has discretion to keep the original alimony order unchanged or intact because you voluntarily chose to be underemployed.<br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#How_can_I_lower_reduce_or_termi 2010-02-02T15:34:48.993-05:00 Answer: You need to show a material change in circumstances in order to file for an Alimony modification in Massachusetts? The courts consider factors outlined in Massachusetts General Laws Chapter 208 Section 34 in determining whether a reduction or termination (elimination) in alimony is warranted.<br /><br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Can_I_apply_for_an_increase_in_ 2010-02-02T15:32:06.066-05:00 Answer: Yes and No. You can file for a modification of Massachusetts alimony or spousal support where there has been a material change in circumstances. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Alimony FAQ.html#Do_I_have_to_pay_Massachusetts_ 2010-02-02T15:28:51.089-05:00 Answer: Yes! Alimony is income to the recipient spouse of former spouse and must be included as income in both your Federal and Massachusetts state income tax return as the income is taxable, subject to Massachusetts Depart of Revenue guidelines (DOR). FaqMaker