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Divorce & Family Law
Child Support
- In most cases, child support is determined by a formula, widely known as The Guidelines. The Massachusetts Guidelines are here and the New Hampshire Guidelines are here. There are certain significant exceptions and limitations to the application of the Guidelines, so despite the existence of a formula, consultation with an experienced attorney is advisable to make sure your situation is what you think it is.
- Child support can always be changed by the court, if (and only if) the circumstances of the parties change substantially.
- An agreement between you and your spouse for an amount of child support that is significantly different from the Guideline amount may or may not be approved by the Court. Representation by counsel in such cases is highly advisable.
- Child support generally ends at age 18 in New Hampshire
- In Massachusetts child support can continue until age 23 in certain cases
- College expenses for children are determined on a case-by-case basis in Massachusetts; child support is sometimes but not always reduced if college expenses are being paid
- College expenses for children cannot generally be ordered in New Hampshire, after 2004.
Alimony
- There are no uniform formulas for awards of alimony in Massachusetts or in New Hampshire. Only consultation with a knowledgeable attorney can assure you that you know your rights, risks, and liabilities in this area.
- In Massachusetts, the parties may agree upon a limited period of alimony, but under present law, the court itself cannot place such a time limit on any alimony awarded
- This means, for example, that alimony may or may not end upon retirement.
Property Division
- Massachusetts and New Hampshire both follow a principle of “equitable division” of marital property. Neither state is a “community property” state.
- In many cases, the equitable division will be an equal division, but there are significant exceptions, such as inherited property and property owned prior to the marriage. Only an experienced divorce attorney will be able to advise you thoroughly in this area.