Should I go into court and ask for alimony in lieu of child support?

Asked over 1 year ago - Dighton, MA

I'm am applying for a mtg but because of the ages of my children they will not consider my child support. I have a 21 yr old who is graduating college in 2 weeks and a 21 yr old who is a freshman in college. The underwriter said he can not take my child support because it needs to be at least 3 yrs out. I am pretty confident that I will be awarded alimony once child support stops. I was married for 20 yrs and didn't work outside the home for 17 yrs until my ex husband walked out. I feel like my only alternative right now is to ask for alimony in lieu of the child support so that the underwriter will use that income in addition to the income from my employment

Attorney answers (3)

  1. Julie Court Molloy

    Contributor Level 15

    6

    Lawyers agree

    Answered . If you are already divorced, it depends upon what the separation agreement and/or judgment of divorce says with regard to alimony. If that document permits you to seek limony when child support ends, then yes, it would likely behoove you to file a complaint for modification, seeking an award of alimony in lieu of child support.

    You should seek the advice of an experienced family law attorney to assist you with this. As with all cases, each case is unque, and the answers depend on the specific facts in each case, regarding any judgments, or temporary orders if there is an action pending but not yet finalized, and the circumstances of each party.

    Best wishes to you.

    No attorney-client relatonship is created in responding to this question, and advice provided is based solely on... more
  2. Matthew Thomas Majeski

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Alimony isn't related to child support. That said, if the issue of alimony was reserved from your divorce decree, you could conceivably make a motion to get alimony. This is decided on a case by case basis and is very fact-specific. You will want the help of a lawyer if you decide to go that route.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more
  3. Stephen Daniel Karpf

    Contributor Level 13

    Answered . There are a host of potential issues here. Your divorce judgment and the new alimony statute will govern your procedural options. You also should consider whether a modification seeking to terminate child support and institute alimony could open issues concerning college contributions, have negative tax implications, and (if contested) could take a long time to accomplish if the goal is to have immediate access to a mortgage.

    You should consult with a lawyer, for the very least for a consult on your options, and be sure to provide a copy of all of the divorce judgments and post-divorce modification and contempt judgments (if any), your recent 2 or 3 tax returns, and any information you have about your ex-husband's financial circumstances.

    This message does not contain confidential information, is intended for the discussion of abstract legal issues,... more

Related Topics

Child support

Child support is a payment made from one parent to another parent (usually from non-custodial to custodial), to help ensure the child's financial needs are met.

Alimony

Alimony is the regular monetary allowance one ex-spouse may be required to pay the other after a divorce.

Howard M Lewis

Paying Alimony (Spousal Support)

Alimony, also known as maintenance or spousal support, refers to payments made by one spouse to the other after a couple divorces. These payments are for living expenses and/or child... more

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