Legal Question in Family Law in Massachusetts

Re: Alimony taxes

You should probably hire an attorney. If you are in Norfolk, Suffolk or Hampden counties you can get a Limited Appearance Attorney. Also, if you are a homemaker, your husband could be required to pay for an attorney for you.

Re: Alimony taxes

Child Support is calculated using the Child Support Guidelines. http://www.dor.state.ma.us/apps/worksheets/cse/guidelines-short.asp

However, since your children are on the older side, the number of years you'll receive child support is going to be less than the number of years you'll be receiving alimony.

Child support is not taxable to you or tax deductible to your husband. Alimony however, is taxable to you and tax deductible to your husband.

Give these two factors, since child support is set by the Guidelines, you should probably get more for alimony, especially sinc eyou haven't worked for the past 15 years.

I would suggest you get an attorney also and NOT a limited appearance attorney in this situation because you want that attorney to be able to hire an accountant to really access your husband's income and net worth. From my experience, where one spouse makes so much more than the other, they often hide some of their assets and without a fair valuation from an expert accountant, you might lose out on a lot of alimony or property division.

This is something you want to settle during the divorce and not trust anyone who tells you that it can be modified later. Property divisions are generally NOT modifiable and so it would be in your best interest to get a good attorney and account to work on this right away.

Re: Alimony taxes

If your Husband's income is $280,000 per year and he is proposing to pay you $550 weekly you are right not to trust him. His child support obligation, using the child support guidelines, will be calculated on the first $100,000 of his income. $670 per week, with perhaps an adjustment for the cost of family health insurance. Thereafter your alimony would be calcualted on his income in excess of $100,000 at approximately 38% of $180,000 that firgure would be $1,315 per week. Therfore on an income of $280,000 per year your alimony & child support would be approximately $1,985 per week.

You should contact an attorney immediatley.

Best regards

Gerard A. Cyr

Re: Alimony taxes

As I pointed out yesterday, you should seek an attorney's assistance right away. This is not the sort of matter that should be handled on a question-and-answer board. Please feel free to contact me, or any other competent attorney here, as well as any other attorney of your choice. However, what is clear is that you have rights, and you should get representation.

In a contested case, the Court can and will order your husband to advance you attorneys' fees to help you litigate as necessary. This will allow you to conduct discovery and work toward an appropriate agreement or -- if need be -- judgment after trial.

Re: Alimony taxes

Go see an attorney now. He makes enough money so that he can pay you a reasonable alimony as well as other things.

Do not rely on your husband's offers.