My husband said that if we get divorced he will not give me alimony even if the court orders child support.

Asked 10 months ago - Worcester, MA

How can i protect my family if he refuses, he is a doctor and I gave out my nursing license to raise our kids

Attorney answers (4)

  1. Howard M Lewis

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    Contributor Level 20

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    Answered . Your husband has a medical license which neither you nor him want taken away. Many people say things, they don't mean. First the court will find him in contempt and give him time to cure it, depending upon the judge, they may award attny fees and costs, that will wake him up and depending upon the judge he or she may impose a suspended sentence and if he still refuses he will be given a jail sentence that he can cure by paying the support, remember the big picture here is keeping him employed so that he can continue to provide for your family it is a lose lose if he gets in trouble at work, so you can be tough on him in court but don't destory his earning potential nor let your lawyer do it.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Robert Winford Carpenter

    Contributor Level 13

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    Answered . He will not be able to disobey a court order. Please find a family law attorney, this sounds abusive. Good luck.

    This is not legal advice until I am retained and have reviewed all facts about your situation.
  3. Steven Edward Zlochiver

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    Contributor Level 12

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    Answered . It sounds like he meant to say he will not give you alimony if (not "even" if) the court awards child support (which it will certainly do).The new Alimony Statute indicates (although some dispute this) that because only the first $250,000 of the spouses' joint income is considered in the child support calculations, alimony may not be applied to that amount and will only be applied to the amount above $250,000. However, with, for example, 2 children that would leave you with about $50,000 in non-taxable income (child support). If you are not able to return to work you would have a decent argument (I believe) that the need to maintain the marital lifestyle for you and the children requires alimony to supplement the child support. The new law has left a lot open for interpretation and you and your lawyer will have to carefully craft a strategy to convince your spouse (or the Court) that alimony is needed. I hope tis helps to get you started thinking about what you might be able do.

  4. Christopher W. Vaughn-Martel

    Contributor Level 17

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    Answered . You simply need to retain counsel. He will certainly fight you, but if you are able to obtain an order from the court he will disobey it at his own peril.

    Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts.... more
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