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  1. #1
    schuler5 is offline Junior Member
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    How much alimony if any am I entitled to?

    What is the name of your state (only U.S. law)? Massachusetts

    I have been married for 15 years and have 4 children. My husband and I are getting divorced, although we haven't moved forward with any legal things, he has moved out and our house is being sold. I have worked part time through out our marriage, I am currently looking for full time work, I take home about 1200 per month He pays 315.00 per week in child support nad he takes home 3260 per month. Would I be eligible for alimony? If so, how much?
  2. #2
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by schuler5 View Post
    What is the name of your state (only U.S. law)? Massachusetts

    I have been married for 15 years and have 4 children. My husband and I are getting divorced, although we haven't moved forward with any legal things, he has moved out and our house is being sold. I have worked part time through out our marriage, I am currently looking for full time work, I take home about 1200 per month He pays 315.00 per week in child support nad he takes home 3260 per month. Would I be eligible for alimony? If so, how much?
    10,000,000. total.



    just kidding, how are we supposed to know. we aren't alimony calculators.

    I suggest you try to live off your income and child support.

    Or go forward with the divorce, try to aim for higher child support.
  3. #3
    mistoffolees is offline Senior Member
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    Quote Originally Posted by schuler5 View Post
    What is the name of your state (only U.S. law)? Massachusetts

    I have been married for 15 years and have 4 children. My husband and I are getting divorced, although we haven't moved forward with any legal things, he has moved out and our house is being sold. I have worked part time through out our marriage, I am currently looking for full time work, I take home about 1200 per month He pays 315.00 per week in child support nad he takes home 3260 per month. Would I be eligible for alimony? If so, how much?
    Alimony is not generally well-enough defined to have an online calculator in most states. It depends a lot on the specific circumstances and the particular judge. A local attorney will be able to give you a better idea. MA is unusual in that there are some online calculators. I don't have any idea how accurate they will be, but you can search for them. Here's one:
    [url=http://www.massalimonyformula.com/]Alimony Calculator, Divorce Spousal Support Guidelines, Massachusetts Attorneys[/url]

    Count on being imputed full time income-the court will expect you to be working full time to support your family.

    For child support, there is a good calculator:
    [url]https://wfb.dor.state.ma.us/DORCommon/Worksheets/CSE/Guidelines.aspx[/url]
    Note that they may use his income after alimony (if any).
  4. #4
    nextwife is offline Senior Member
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    Also, what sort of jt. debt payments are you and he jointly responsible to pay monthly? You need to keep in mind your shared prior responsibility to your jt creditors and make certain sufficient funds to cover pre existing obligations is allocated.
  5. #5
    LillianX is offline Senior Member
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    Massachusetts JUST reformed our alimony laws here. Deval Patrick signed the bill on Sept. 26th. The law doesnt take effect until next March, but because Massachusetts had limited alimony laws before now, some judges are already using the new law as a guideline.

    First and foremost, any alimony you would be entitled to would be reduced by the amount of child support you receive in that child support paid is not counted as income earned by him for purposes of alimony calculation. After his income is adjusted for child support, the max award would be 35% of the difference in your incomes. There are other factors... This is just the max award.
  6. #6
    mistoffolees is offline Senior Member
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    Quote Originally Posted by LillianX View Post
    Massachusetts JUST reformed our alimony laws here. Deval Patrick signed the bill on Sept. 26th. The law doesnt take effect until next March, but because Massachusetts had limited alimony laws before now, some judges are already using the new law as a guideline.

    First and foremost, any alimony you would be entitled to would be reduced by the amount of child support you receive in that child support paid is not counted as income earned by him for purposes of alimony calculation. After his income is adjusted for child support, the max award would be 35% of the difference in your incomes. There are other factors... This is just the max award.
    I should have pointed out that the above link appears to be based on the new law. Even though it hasn't taken effect, it seems reasonable to use it as a starting point.

    And, of course, OP can be imputed a full-time income.
  7. #7
    tuffbrk is offline Senior Member
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    And if Ex's monthly take home is $3260 prior to CS, it doesn't really leave much for alimony payments.
  8. #8
    Antigone* is offline Senior Member
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    Quote Originally Posted by tuffbrk View Post
    And if Ex's monthly take home is $3260 prior to CS, it doesn't really leave much for alimony payments.
    Not after $1260 in child support.
  9. #9
    tuffbrk is offline Senior Member
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    Not really sure if I'm understanding the post correctly. If his monthly income is $3260 and his support is $1260 that would only leave Dad $2000. Mom's part time income plus the CS would bring her to $2460.

    Actually makes you wonder if she expands to fulltime if she would have to pay him alimony.

    Then again, it may be that after CS his monthly income is $3260. Even at the full max of 35%, alimony would be an add'l $70 wk/$280 mo. Presuming the CS amount stays as-is and isn't adjusted during the proceedings when she is imputed full time earnings.
  10. #10
    LillianX is offline Senior Member
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    Quote Originally Posted by tuffbrk View Post
    Not really sure if I'm understanding the post correctly. If his monthly income is $3260 and his support is $1260 that would only leave Dad $2000. Mom's part time income plus the CS would bring her to $2460.

    Actually makes you wonder if she expands to fulltime if she would have to pay him alimony.

    Then again, it may be that after CS his monthly income is $3260. Even at the full max of 35%, alimony would be an add'l $70 wk/$280 mo. Presuming the CS amount stays as-is and isn't adjusted during the proceedings when she is imputed full time earnings.
    It hasn't been addressed in court yet, because the law is so new, and not even actually in effect, but technically, that is possible. CS isn't negotiable, so if things lined up correctly, in some cases, the payee of the CS may end up handing a check right back.

    Ultimately, though, I doubt it would happen like that. Alimony is still up to the judge, and is still based on "income equality". If the incomes are that close, it would be much, much more likely to be called a wash and no spousal support ordered either way.
  11. #11
    mistoffolees is offline Senior Member
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    Quote Originally Posted by tuffbrk View Post
    Not really sure if I'm understanding the post correctly. If his monthly income is $3260 and his support is $1260 that would only leave Dad $2000. Mom's part time income plus the CS would bring her to $2460.

    Actually makes you wonder if she expands to fulltime if she would have to pay him alimony.

    Then again, it may be that after CS his monthly income is $3260. Even at the full max of 35%, alimony would be an add'l $70 wk/$280 mo. Presuming the CS amount stays as-is and isn't adjusted during the proceedings when she is imputed full time earnings.
    It seems like the latter is more plausible. Paying $1260 on $3260 of income is almost certainly too much. He will ask for her to be imputed a full-time income and then CS will be calculated on that basis. After doing so, I doubt if the income difference is all that large either way.

    Depending on the judge, asking for alimony when you're only working part time and stbx clearly isn't wealthy and is paying AT LEAST a fair amount for CS (probably more than a fair amount) could be great way to get yourself chewed out.

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