Legal Question in Family Law in Massachusetts
A Judges Consideration
Hi, Just wondering if you could answer a couple of qstns.
I was with my wife for a total of 16 years........... married for 8 of those years and for the last 10 years i have financially supported her, her 2 children from a previous marriage, a baby from one of her children, and my mother in law. My wife worked part time, and didnt play the role of a wife. My mother in law did my laundry, and i rarely had cooked meals and saw myself as a walking ''bank'' for whenever someone needed money. I very rarely spent time with my wife alone, and their has been a breakdown long before now but i was unable to leave as i didnt want to leave anyone stranded or hurt anyone. Would any of this be taken into consideration that my wife realistically ''played no wife roles'' and that i financially supported everyone in the household? My wife works part time so she is able to find fulltime employment. Also can i back date my separation when the marriage originally broke down?
3 Answers from Attorneys
Re: A Judges Consideration
I am assuming you have not adopted any of these children and none are yours biologically. Given that your wife works part-time and can work full-time, the amount of alimony you will have to pay should be limited.
I suggest you get an attorney if you are going to file for divorce. You should not be obligated for child support nor should you be obligated to support your mother-in-law.
Her children's father should be paying child support assuming he is still alive. If not, they should be getting social security benefits.
As to her grandchild, the father of that child should be paying child support.
I think you should contact an attorney ASAP.
Re: A Judges Consideration
This is not a set of questions that can be easily answered out of an office. However, I -can- say this: the divorce starts when it's filed, not when you decided that things were bad but stayed. The only issue is what your wife is due from you after eight years of marriage, unless of course you adopted her children (in which case they are YOURS and you owe support). Your wife will have to start looking for support from the children's father(s), your mother-in-law is on your own, and no, you get no particular sympathy from the judge for staying in a loveless, painful marriage under these facts.
Re: A Judges Consideration
The following items are what a judge must, by statute, consider:
the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income.
Retain an attorney to answer your questions more specifically and to file the Divorce Complaint from which the Court will determine the length of the marriage and terminate your payment of support for children who should be supported by their biological father(s), unless, of course, you legally adopted any or all of them.