Daniel Seth Williams
Daniel Seth Williams, Divorce / Separation Lawyer - Upland, CA
Posted over 4 years ago.

I read about this in a legal journal, very interesting.

Marcia J Mavrides
Marcia J Mavrides, Family Law Attorney - Boston, MA
Posted over 4 years ago.

I agree that a spouse can receive child support and alimony at the same time. However in determining the calculation of each, there should be no "double dipping " into the payor's pool of income. In other words, if the payor's income is $100,000, then you cannot calculate child support on $100,000 and then alimony on the same $100,000. You could calculate child support on the first $50,000 and alimony on the remaining $50,000. However, most recipients use the straight child support calculation on $100,000 because it is tax free child support, rather than taxable alimony. In Massachusetts, as long as the combined income of the payor and recipient does not exceed $250,000, then the use of the child support guideline is usually presumed, unless a hybrid of child support/alimony is negotiated. Many families negotiate a hybrid of child support and alimony so that there is less income tax paid to the government and more usable income for both parents. In any scenario, unless there has been a waiver of future alimony in a divorce agreement, which is unusual without an alimony buy-out in the form of a significant asset or lump sum payment , then the spouse in need of support may file a complaint for modification requesting alimony after child support is no longer paid. You still have to prove a need for alimony and the payor's ability to pay. It is unclear how long you may be entitled to receive alimony, but if your marriage exceeds 20 years, it is presumed that alimony will end upon your husband reaching full social security retirement age. It is important that you consult with a family law attorney to determine your options and the timing of your anticipated request for alimony.