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FREQUENTLY ASKED QUESTIONS
ABOUT
DIVORCE AND FAMILY LAW INFORMATION |
| FREQUENTLY ASKED QUESTIONS |
CHILD SUPPORT
INFORMATION |
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- How long does it take for a Massachusetts divorce?
- If you can reach a written agreement with your
spouse you can have your divorce hearing almost immediately (within a
month.) But that can be a big "if". Without an agreement, a typical
divorce in Essex County is heard within about 9-12 months. It's as long
or longer in other Massachusetts counties.
- How long does it take for a New Hampshire divorce?
- In most New Hampshire counties, a divorce trial is
heard within a year, and uncontested divorces almost immediately.
- Do we both need to hire a lawyer?
- Not necessarily, especially if you already have the
outline of an agreement. But if you have children, or own real estate or
other significant assets, or if you have a long term marriage (over
about 10 years), it is certainly advisable. At the very least, each of
you should take advantage of the free consultation that many lawyers
offer.
- How much child support will be ordered?
- All states have formulas ("guidelines")
for child support. The formulas are slightly different for Massachusetts
and New Hampshire.
- What if my spouse and I have agreed on a different
amount for support?
- The judge is still going to examine the amount
carefully at the time of the final hearing. If the agreed on amount is
within about 10-20% of the "guideline amount"
the judge may approve it anyway, but there are no guarantees. If the
variation is greater than that, and there are no unusual circumstances,
the judge may well reject it and order an amount closer to the
guideline.
- Can child support be changed in the future?
- Yes, if there is a substantial change in your or
your ex-spouse's financial circumstances.
- How do judges determine a fair amount for alimony
(support for a spouse)?
- There really are no formulas here. It depends on a
lot of factors, among them relative earnings, length of the marriage,
health, age, employment skills. In this area, an experienced attorney is
essential.
- Which of us pays for our children's college, and
how is that determined?
- This is another area without formulas. Again, a
consultation with an experienced attorney is a very good idea.
- Is the division of property always equal?
- It often is, but by no means always. Here as in
alimony, many factors come into play, and only an experienced attorney
can evaluate your situation accurately.
- How is inherited property treated?
- Often (not always), the property is retained by the
inheriting spouse if it was received before the marriage or after the
parties have separated. As in property division generally, and in
alimony issues, the judge has a lot of discretion to weigh the relevant
factors. A competent attorney can give you an informed opinion regarding
your situation.
- How long until my divorce is final?
- In New Hampshire: your divorce is final within a day
after the final divorce hearing. In Massachusetts: your divorce is final
90 days after the final divorce hearing (unless the hearing was within 6
months of the filing date, in which case the waiting period is 120 days
instead of 90 days.) In both states, "final" means the date that you can
remarry, file taxes as an unmarried person, and inherit as an unmarried
person.
CHILD SUPPORT
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MASSACHUSETTS
- The
Massachusetts child support guidelines provide generally
that the noncustodial parent pays between 25% and 33% of his or her
GROSS income, depending upon the number of children and the level of
income. This is increased slightly if the oldest child is 13 or older.
It is decreased in proportion to the custodial parent's income, but only
if the custodial parent earns over $20,000 per year.
Some examples (all examples assume no child care
costs and no out of pocket cost for family health insurance, for the
sake of clarity):
Example 1: If the custodial parent earns $50,000 per
year, and the noncustodial parent earns $50,000 per year, and they have
two children, ages 8 and 10, the Guideline Support Amount would be
$164.00 per week.
Example 2: If the custodial parent earns $20,000 per
year, and the noncustodial parent earns $50,000 per year, and they have
two children, ages 8 and 10, the Guideline Support Amount would be
$262.00 per week.
Example 3: If the custodial parent earns nothing, and
the noncustodial parent earns $75,000 per year, and they have two
children, ages 8 and 10, the Guideline Support Amount would be $407.00
per week.
Guidelines do NOT apply in several situations:
--they do not necessarily apply to incomes over
$100,000 per year (although courts often apply them anyway)
-- they do not apply to shared or split custody
situations
--they do not apply when a child is over 18 and still
dependent, particularly if college bills are part of the picture
--they also do not necessarily apply when the parties
have a written agreement otherwise. Beware, for the court looks VERY
closely at agreements for child support that are more than about 25%
above or below guidelines. If this is what you hope to have approved,
consulting an attorney is essential.
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NEW HAMPSHIRE
- The New Hampshire child support guidelines provide
generally that the amount of TOTAL support for the child or children is
between 20% and 35% of the COMBINED gross income of both of the parties,
depending on the number of children. The noncustodial spouse pays the
same percentage of the total support amount as the percentage of the
combined income that he or she earns (e.g., if he or she earns $60,000
and the custodial spouse earns $60,000, then the child support payment
is 50% of the total support amount.)
To use the
same three examples stated above (again, all examples assume no child
care costs and no out of pocket cost for family health insurance, for
the sake of clarity):
Example 1: New Hampshire Guideline Support would be
$224.00 per week.
Example 2: New Hampshire Guideline Support would be
$228.00 per week.
Example 3: New Hampshire Guideline Support would be
$341.00 per week.
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