Alimony And Child Support In Massachusetts In Bexar
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After a divorce, it's common for one spouse to make payments to the other as part of the divorce agreement. These payments can be alimony, child support or a mix of both.
If your original divorce didn't award alimony, and didn't mention alimony in any way, you can file a complaint for alimony for the first time at any time after your divorce. To request alimony, you'll need to file: Complaint for Alimony. This is a form you write yourself, not a form you get from the court.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
The Massachusetts Supreme Judicial Court took a novel approach and determined that the alimony law and the child support guidelines allow the court to consider awarding both alimony and child support based on the same income.
To qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
The court will only award general alimony if the requesting spouse demonstrates a financial need. The duration, meaning the term of alimony payments, depends on the length of the marriage.