Can allocated support be separated on what exactly your taxed on differentiating from child support. I am getting taxed on the whole amount and my attorney did not explain it to me like that...Found out when I went to pay my taxes
Unallocated support does mean that the whole amount of what is received is taxable and that amount, for the payor, is fully deductible. It is used when the payor is in a significantly higher tax bracket than is the recipient. Because of the disparity in the effects of the tax brackets, it allows the payor to pay more in total support than he or she would pay if the support amounts were not allocated - and that, of course, benefits the recipient in the lower tax bracket.And it allows the payor to benefit by having a bigger deduction. The concept of unallocated support is meant to be applied so that both parties have a net gain after paying taxes (over what would happen if support was not allocated). Keep in mind that under the IRS regulations such support cannot have characterisics of child support (such as terminating at a time when child support would normally end). I hope this helps.See question
I got married in India 5 yrs back, and after marriage both of us are reside here in Massachusetts. Recently (January 2013), my husband filed for divorce in India. He is refusing to pay alimony or divide US assets to me. Is there any way my Ind...
There is nothing to prevent your filing here. I don't believe that the India case can be transferred here, but you can try to have the India case dismissed for whatever might be an appropriate reason - and you should consult with an Indian attorney for that advice and/or representation. (Similarly, I don't believe that Massachusetts would not allow you to file merely because a case in India has been filed).
If it is then dismissed, you would be able to proceed here without concern about the India judgment issuing first and "trumping" anything that might issue here. If the India case is not dismissed and a judgment were to issue there first, I believe that the Massachusetts Court would give that judgment full faith and credit and not issue a possibly conflicting judgment.
If the India case is not dismissed, you can still try to race to the finish line (get a judgment) here ahead of the issuance of the India judgment. If custody of children is at issue, India might not assume jurisdiction to address that - especially if it is a signatory to the Hague Conventions.
This can be a very difficult and complex situation to resolve and anything I say here is only meant to be a possible way to analyze it. Please do not take this as any kind of final advice, because much would have to be researched based upon the facts of your situation and the law - including international law. I hope this helps to some extent, though.See question
Married in China and we both work now in Cambridge, we split up, she lives in Newton, I live in cambridge, can i file in my jurisdicion?
If you are asking if you can file in Massachusetts, the answer is yes. You can file anytime here if the cause of the breakdown (whether fault based or no-fault) occurred here, or you can file after you have been "domiciled" here for 12 months if the cause occurred elsewhere. If you have children, then Massachusetts, in most circumstances, will not have jurisdiction to address custody issues until the child or children have been here 6 months. You will want to research further to see if other circumstances allow for something other than the 6 month period. You both reside in Middlesex County and that is the county in which the divorce will be filed. I hope this helps.See question
I am interviewing lawyers for a pre nup for a simple divorce but they want to charge for the consult? is that standard?
It varies. You can find many lawyers on Avvo who offer free consultations.See question
I heard that if my husband makes less than 250k per year, i cannot get alimony in Ma? what is the truth and How do i find a good local attny
If you have children eligible for child support and your incomes jointly
amount to less than $250,000 you are not likely to get alimony.
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My daughter is scared of the repercussions if she chose to relocate out of state with her Mother. She is equally fearful of her Father's wrath, especially when her Mom won't be there to defend and protect her any longer from his anger, cruelty an...
There are ways to get the child's statements of fact and of her preferences before the Court without direct testimony - in fact, in Massachusetts a minor child does not offer direct testimony on the witness stand. But due process guarantees all parties the right to learn what is being alleged - even when the statements are given by means that are alternative to the standard form of testimony. An alternative way is when the appoints a Guardian ad Litem ("GAL") to do an investigation concerning custody issues and then to submit a report to the Court that can include recommendations. In that process the GAL can interview the child (and the parties and others with relevant information) and the Court will learn what the child has expressed without the child having testified. But both parties will also know the contents of the report. Another alternative is when, in rare circumstances, a judge will interview a child in "chambers" (his or her office) without anyone being present - but the judge must record the interview and distribute it to the parties (directly if not represented, or to their lawyers if they are represented). If what you describe can be presented in some way to the Court it sounds like you would have a decent chance to leave the state with her (but you must show there is a real advantage to her leaving) - especially if your child can confidently give information. There are legitimate ways to try to guard against repercussions, but I hesitate to describe them publicly when you should be discussing this sensitive issue in a more confidential way with a lawyer. I hope this helps to get you started thinking about what you might want to do - or avoid doing.See question
My girldfriend has had an active role in my childrens lives for about 8 months now, and she has a great relationship with both my daughter's. My 6 year old wants her to be at the graduation. When my ex wife found out she threatened to make a scene...
If your daughter's graduation is occurring at the same time as your ex-wife's parenting time with her, then I think your ex-wife can keep your daughter away this time. If the issue of decision-making concerning your daughter were brought to the attention of a judge later, the judge might not approve of the behavior of either of you and allow the status quo to continue (concerning who has legal custody decision-making power. If both of you do now, then the judge might have to assign it to one of you or may suggest a parenting coordinator to help you both make decisions in the future).See question
we have joint custody of my fiancés two children. we pay $250 a week in child support which was the order prior to having joint custody if we go back to court to lower the child support will the judge lower the support?
Having joint physical custody should result in a lower support order. The Child Support Guidelines provide a method for determining the amount when parties have such joint physical custody. I will call your fiance "A" and the current recipient of support "B". In your case, the amount of child support that B would pay if A had sole physical custody would be subtracted from the amount A is now paying and A would pay that resulting amount to B (this assumes that the amount of $250 is greater than the amount that the amount that B would pay. If B's amount is greater than $250 you would subtract the $250 from what B would pay and B would pay the resulting amount to A). I hope this is clear. You should check the Child Support Guidelines to confirm what I am saying and, perhaps, to have what I am saying clarified.See question
2 additional children - 21 not at home, 20 emancipated but goes to school which the husband pays for
The first $250,000 of your joint income will be used to calculate child support. It seems that most lawyers seem to believe that only income above that amount will be considered in alimony calculations. In other words, there will not be double-dipping in to that $250,000 and if your incomes amount to less than $250,000 there will not be an alimony order - unless you agree to it. It is not absolutely clear in the statute, but you should review it carefully and have a lawyer apply your facts to the provisions in the statute (Chapter 208, Sectios 48-55). If there were no children eligible for child support, it looks like, in this fact pattern, the wife would be eligible for general term alimony to be paid until the Social Security retirement age of the husband. According to the statute the amount would be based on "need" or 30-35% of the difference in your incomes. I do not know when a judge would choose need over 30-35% or the reverse - and I haven't met a judge who can say what the need vs. 30-35% provision exactly means. I have heard it said that need could be more than 30-35%, for example. Some have said, to the contrary, that 30-35% can only be the maximum alimony ordered by a judge. This issue may come in to play when the child becomes emancipated and ineligible for child support, and the wife then might return to Court to get alimony.See question
Can he make me stay in Ma? I want to go back to my family in Fl. We have an autistic child. Moved because of better schools (public) and therapy (insurance does cover). I am afraid he will say he has no money to pay for private therapy.
If the cause for the need to dissolve the marriage - including the no-fault cause of "irretrievable breakdown of the marriage" - did not happen in MA or you have not been in MA for one full year - - you would have to file in Florida. You should research the requirements for filing in Florida which may have similar requirements as MA - or may not. Even if you divorce in MA you can request custody of the children and permission to remove them from MA to FL. You would probably have to show that there is a real advantage to their being in FL if he resists. A problem you might have with filing for divorce in FL before August is the question of whether FL has jurisdiction to make a custody order or judgment. In most states there is a requirement that the children be in the state for more thatn 6 months (making that state their home state) if they are older than 6 months of age; or that there is an emergency need for a custody order; or that the parties consent to custody jurisdiction there. You really need to have further consultation with an attorney - especially one in FL, because these can be quite difficult issues to sort out. I hope this helps.See question