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

Worcester, MA |
Filed under: Divorce

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

Posted

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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

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.

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Posted

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.

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Posted

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. All answers are based on generalized Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. If you would like an attorney with Vaughn-Martel Law to review your specific situation and provide you with legal options or information specific to you, you may schedule a telephone or office by calling 617-357-4898 or visiting us at www.vaughnmartel.com. Our office charges $100.00 for a consultation, and applies your consultation fee to your first bill if the Firm is hired to perform further work.

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