Legal Question in Family Law in Massachusetts
Entitlement
Hi,Im married but have been separated from my husband since Sept. 05'. He left. He makes about 35,000-40,000 a year and I had stopped working about 2 years ago to stay home with the kids so he could take a promotion. At first he was good about giving me money for the children now he complains every payday. He filed taxes jointly without me and claimed both kids. He agreed at first to give me half but now that he knows hes getting about 5200 back he tells me Im only entitled to 1/3 of that. He also tells me that when we divorce he will not have to pay me alimony. He has a lawyer in his family so I dont know if this is where his information is coming from. Is what he's saying true? This was my first marriage so Im lost when it comes to divorce,child support etc. Any help or advice anyone could give me would be great thank you.
2 Answers from Attorneys
Re: Entitlement
There are to many unanswered questions to give you advice on your specific questions.
With that being said, you are entitled to child support (according to the child support guidelines) and maybe even alimony. It depends on multiple factors that are not considered separately, but as a whole. Below are just a couple of samples that are consider.
1. lenth of the marriage;
2. age, health, station in life, etc., etc., etc.
Also, has anyone filed for divorce at this point?
Are there assets involved?
If you don't have assets, you may qualify for a lowered hourly rate or a pro bono attorney.
Some sources are Lawyer's referral, Women's Bar, Association, Boston Bar Association, etc.
In order for me to point you in the proper direction, I would need more information from you.
My initial consult is free. If you are interested in setting up an appointment you can call or email me.
Or, you can also email me with further information so I can properly guide you. My number can be found in my profile and my email address is [email protected]
Sincerely, Maria Murber
Re: Entitlement
Retain an attorney to first of all ensure you are receiving the full amount of child support under the Child Support Guidelines and to advise whether you might also qualify for an allowance that the Court might order him to pay toward your attorney's fee so you can file the divorce complaint and to advise whether your situation warrants an award of alimony as well. Good Luck!