Andover Spousal Support Attorney
Alimony or spousal support are terms used by the Court when one spouse (male or female) is ordered to pay the other spouse (or ex-spouse) money for their support and maintenance. Alimony is gender neutral. When making this decision the Court looks to a number of factors including but not limited to the incomes of the parties, the ages of each party, the ability of each party to acquire future assets . . . etc. All relevant factors are found within Massachusetts General Laws chapter 208 section 34.
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Alimony is included in the recipient's income and therefore taxed; and for the payor the alimony is deductible. A Massachusetts court does not have the authority at a trial on this issue to limit the term of alimony; however the parties may enter an agreement to a certain term of alimony (which could ultimately be beneficial to both parties depending on the circumstances).
Considerations for Requiring Alimony
Alimony is considered when the payor’s income exceeds that of the recipient spouse. However, when the parent pays child support in certain circumstances there may not be enough income for additional support for the spouse. The court will look to relevant factors including the incomes of the parties. The court may also consider if one or both of the parties are underemployed (i.e. based on their background, education and experience) and if the court finds that this is the case the court could attribute an income to one of the parties. This becomes important when one party alleges they cannot work or can only work part time however, they have made no diligent efforts for reasonable gainful employment. If the court determines that this is the case then the court may attribute an income (ie: say the party should be earning “X” amount) and make orders based on this amount).
The court will also look to the ages of the child(ren) and the needs of the child(ren) when making determinations relating to whether or not the custodial parent is unemployed or underemployed for good reason.
When Alimony Payments Are Not Received
When court ordered alimony payments are not being made, then the recipient may file a Complaint for Contempt and the court will have the authority to enforce the order. Another consideration is to request that the support payments be made via wage assignment or direct deposit so that there are no delays.
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When you are seeking alimony or simply need to learn your rights relating to this issue you should seek legal counsel. Alimony is often an emotionally charged term and can cause stress and anxiety to ether party if it is involved in your case. Knowing your legal rights will empower you with knowledge going forward.