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

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

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Attorney answers 3


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 very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside, particularly as it relates to family law, child support, custody and visitation (a/k/a "parenting time") issues, including 209A abuse-prevention restraining orders (a/k/a "ROs" in legal-speak), regarding un-emancipated children, under the age of 22.


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 recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.


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, and does not create a co-counsel or attorney-client relationship in the absence of a written fee agreement. Do not post a reply to this message with confidential information. If you wish to communicate confidential information, you should contact me directly at; I would be happy to offer a free consultation concerning your case.

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