Legal Question in Family Law in Massachusetts
I have 4 kids, been married for almost 15 years, live in a house with an in law apartment with my parents who own 1/2 the house. I work at my kids school to be on their schedule but only make $400.00 a month. My husband works for an electrical dept and a police dept and makes between $140,000- $150,000. I want to keep the house and the kids. If we get divorced about how much would he owe me?
2 Answers from Attorneys
No one can say for sure. Massachusetts divides property "equitably," meaning that the judge takes absolutely everything into consideration and comes up with a plan that is "fair." How alimony fits in is up for negotiation. Literally. What would happen is that you and your husband (or, rather, your lawyers) will negotiate things like alimony and who gets what property. There will be a little give and take, but given the wide income disparity and the length of the marriage, it is likely that you would be entitled to a good amount of alimony. If you can come to an agreement, then as long as it is not too one-sided, the judge will simply approve the agreement. If not, the judge will do what she thinks best.
The one place you can get a decent grasp on an actual number is in child support. If you use this worksheet: http://www.mass.gov/courts/docs/forms/probate-and-family/cjd304-worksheet-child-support-guidelines.pdf , you can plug in the numbers and it will tell you how much your husband will likely owe in CHILD SUPPORT each week.
If you would like assistance getting through the negotiations and successfully navigating the divorce process, I would be happy to help. Please feel free to contact me at 617-859-8966 or by email at [email protected].
Steve
If you're granted full physical custody of the children, he would probably have to pay you a full guidelines amount pursuant to the MA Child Support Guidelines. Alimony is also worth exploring.
Another issue you raised is property division. If you both contributed to the marriage approximately equally (child-rearing & housework are contributions just as working for money is), the property acquired during the marriage, including the house, will likely be divided equally. So if you want to keep the home, you'd have to figure out how much equity is in the home, and he would likely be entitled to some of it. Though it could be offset by another asset such as his retirement if he has any.