Legal Question in Family Law in Massachusetts

: Child Support Alimony

You are asking someone to jump in the midst of your negotiation, and give you an estimate of what is reasonable. These are the types of issues and questions that require knowledge of the specifics underlying the matters raised.

Any answers that you get just based on your questions should be suspect.

Get a lawyer to help you with the mediation.

If you have more specific information, I can provide a more specific answer; so please contact me.

Re: Child Support Alimony

What is reasonable depends on the total package and your employment or ability to obtain employment. Having said that you have to factor in Child support and his ability to continue to maintain his income.

There are also issues of retirement plans and portfolios, homes etc.

I would strongly suggest you meet with an attorney so as to get a full idea of what has been discussed and "agreed" thus far.

The alimony will not automatically increase when child support ends unless you agree that it should.

You also have to agree on how long alimony shall continue and what insurance is going to be provided to secure alimony and child support in the future. However, standard is not really a good way determine what is equitable and as a rule once income exceeds $100,000 standard rules do not really apply. Remember your 3% difference is $20,000 year bssed on his current income. I assume you do not have a job or your own business. Your income could be made an issue by your soon to be ex or his attorney including your ability to earn an income.

How much is your husband paying in child support?

How are you dividing marital assets?

What is your income?

Is there insurance to protect child support and alimony?

Please feel free to contact me if you have more questions.

Re: Child Support Alimony

Child support and alimony are two separate issues. And the standard child support guidelines do not apply to Annual Incomes in excess of $100,000.

You should retain an attorney immediately to represent your interests alone throughout the entire mediation process, as a mediator can not represent both you and your husband. This is too important an issue to wait until a document is presented to be signed to retain an attorney to protect your interest. This question, and similar questions about your interests should have been answered by an attorney retained by you to represent only your interests in the negotiation and drafting of the settlement agreement.

If you are without funds to retain your own attorney, you can apply by motion to the Probate and Family Court to order your husband to provide an allowance to pay your attorney's fees.

Re: Child Support Alimony

These are great questions to ask of your reviewing attorney, who in fairness you should pay for the advice. I suspect that anyone here would be happy to be your reviewing attorney, and any of the basic answers you have already received are probably reasonable, so I won't try to add to them at this time.

In a non-mediated situation, by the way, I would definitely be suggesting that you seek alimony as well as child support, and that you refuse to foreclose alimony for short money.