1. ALIMONY AND CHILD SUPPORT
LAWYER FOR THE DAY TRAINING
Gayle Stone-Turesky, Esquire
Stone, Stone & Creem

2. G.L. c. 208, Section 17 Pendency of action: Alimony

3. ALIMONY DEFINITION
ALIMONY is defined as the payment of support from a spouse, who has the ability to pay to a spouse in need of support for a reasonable length of time, under a court order

4. QUESTIONS TO ASK THE LITIGANT
GO OVER SECTION 34 FACTORS SUCH AS:
Length of the marriage
Short term – 5 years or less, alimony will be ½ the number of months of the marriage
Short-Mid Term – 10 years or less, alimony will be 60% of the number of months of the marriage
Long-Mid Term – 15 years or less, but more than 10 years, alimony will be 70% of the number of the months of the marriage
Long Term – 20 years or less, but more than 15 years, alimony will be 80% of the number of months of the marriage
Very Long Term – Longer than 20 years, alimony can be for an indefinite length of time

5. Health of the parties and the children born to the marriage
Age and health of the parties
The ages and number of children
Where the children attend school
Educational costs

6. Contribution to the Assets and Liabilities of the Marriage
Acquisition of the assets
Preservation of the assets
Appreciation of the assets

7. Contribution to the Home
What was the litigant’s contribution to the home?
What was the litigants contribution to the children?
Who did what and when?

8. Lifestyle During the Marriage
Spending habits
Homes
Cars
Vacations
Clothing allowance
Extracurricular activities

9. Education and Employment
Educational background
Training and expertise
Current employment
Vocational skills

10. Financial Arrangements
Who earned the income? Who paid the bills? Who was in charge of the finances? Who balanced the check book? Inquire of the litigant as to the financial fabric of the family.

11. When and How to Seek Alimony
Divorce
Motions for Temporary Support
Trial
Modifications
Contempts and Arrearages
New Alimony Statute

12. Helpful Advice for the Litigant
Motion Session
Notice/marking motions with the Court
Constable and Service
Proposed Orders
Motion for Fees Pendente Lite
Deviations under the new Alimony Act

13. Terminating Alimony Age of the parties Cohabitation Death Remarriage
Complaints for Modification/Motion to Terminate

14. Affidavits and Orders
Affidavit in support of Motion for Temporary Orders
Proposed Order
Financial statements
Supporting documentation
Outstanding bills , foreclosure or otherwise

15. Case Law Chin v. Merriot, 470 Mass. 570 (2015)
Doktor v. Doktor, 470 Mass. 547 (2015)
Zaleski v. Zaleski, 469 Mass. 230 (2014)
Hassey v. Hassey, 85 Mass. App. Ct. 518 (2014)
Holmes v. Holmes, 467 Mass. 653 (2014)

16. Child Support G. L. c. 208, § 28 and G. L. c. 119A
Divorce
Paternity
Guardianships
Separate Support
Modification
Motions for Temporary Orders
Contempt
Complaint in Equity
Abuse Prevention Orders
Interstate Child Support action (G. L. c. 209D)

17. Child Support Guidelines
The Guidelines apply to all child support orders and judgments entered after January 1, Revised Guidelines in August of 2013.
There is a rebuttable presumption that these guidelines apply in all cases establishing or modifying a child support order.
The guidelines were established to encourage joint parental responsibility for child support in proportion to or as a percentage of income.
All parents have a duty to support their children.

18. Child Support Guidelines Worksheet
There are apps to go on your phone and Ipad.
Things that are inputted into the Worksheet:
Income of both parties
Cost of Health Insurance, Dental and Vision,
Cost of Child Care
Prior orders of Support, including spousal support

19. Income All gross income Attribution of income Public Assistance
Vocational skills
Job search/under employed
Ability to earn income commensurate with experience

20. Financial Statement Long verses short form Detail the income
Detail the assets
Detail the liabilities
Day Care
Health Insurance
Use the footnotes as advocacy
Think about deviations

21. Affidavits
Assist in drafting Affidavits in Support of Motion for Temporary Orders
Assist in drafting Affidavits in Opposition of Motion for Temporary Orders
Proposed Orders/Service

22. Things to Consider Uninsured Medicals Keeper of the Records Subpoena
Extra-curricular Activities
Mediation programs within the Court
Drafting Motions for Temporary Support
DOR – require they go to the DOR office
Wage Assignments