ALIMONY AND CHILD SUPPORT LAWYER FOR THE DAY TRAINING Gayle Stone-Turesky, Esquire Stone, Stone & Creem

G.L. c. 208, Section 17 Pendency of action: Alimony

ALIMONY DEFINITION ALIMONY is defined as the payment of support from a spouse, who has the ability to pay to a spouse in need of support for a reasonable length of time, under a court order

QUESTIONS TO ASK THE LITIGANT GO OVER SECTION 34 FACTORS SUCH AS: Length of the marriage Short term – 5 years or less, alimony will be ½ the number of months of the marriage Short-Mid Term – 10 years or less, alimony will be 60% of the number of months of the marriage Long-Mid Term – 15 years or less, but more than 10 years, alimony will be 70% of the number of the months of the marriage Long Term – 20 years or less, but more than 15 years, alimony will be 80% of the number of months of the marriage Very Long Term – Longer than 20 years, alimony can be for an indefinite length of time

Health of the parties and the children born to the marriage Age and health of the parties The ages and number of children Where the children attend school Educational costs

Contribution to the Assets and Liabilities of the Marriage Acquisition of the assets Preservation of the assets Appreciation of the assets

Contribution to the Home What was the litigant’s contribution to the home? What was the litigants contribution to the children? Who did what and when?

Lifestyle During the Marriage Spending habits Homes Cars Vacations Clothing allowance Extracurricular activities

Education and Employment Educational background Training and expertise Current employment Vocational skills

Financial Arrangements Who earned the income? Who paid the bills? Who was in charge of the finances? Who balanced the check book? Inquire of the litigant as to the financial fabric of the family.

When and How to Seek Alimony Divorce Motions for Temporary Support Trial Modifications Contempts and Arrearages New Alimony Statute

Helpful Advice for the Litigant Motion Session Notice/marking motions with the Court Constable and Service Proposed Orders Motion for Fees Pendente Lite Deviations under the new Alimony Act

Terminating Alimony Age of the parties Cohabitation Death Remarriage Complaints for Modification/Motion to Terminate

Affidavits and Orders Affidavit in support of Motion for Temporary Orders Proposed Order Financial statements Supporting documentation Outstanding bills , foreclosure or otherwise

Child Support G. L. c. 208, § 28 and G. L. c. 119A Divorce Paternity Guardianships Separate Support Modification Motions for Temporary Orders Contempt Complaint in Equity Abuse Prevention Orders Interstate Child Support action (G. L. c. 209D)

Child Support Guidelines The Guidelines apply to all child support orders and judgments entered after January 1, 2009. Revised Guidelines in August of 2013. There is a rebuttable presumption that these guidelines apply in all cases establishing or modifying a child support order. The guidelines were established to encourage joint parental responsibility for child support in proportion to or as a percentage of income. All parents have a duty to support their children.

Child Support Guidelines Worksheet There are apps to go on your phone and Ipad. Things that are inputted into the Worksheet: Income of both parties Cost of Health Insurance, Dental and Vision, Cost of Child Care Prior orders of Support, including spousal support

Income All gross income Attribution of income Public Assistance Vocational skills Job search/under employed Ability to earn income commensurate with experience

Financial Statement Long verses short form Detail the income Detail the assets Detail the liabilities Day Care Health Insurance Use the footnotes as advocacy Think about deviations

Affidavits Assist in drafting Affidavits in Support of Motion for Temporary Orders Assist in drafting Affidavits in Opposition of Motion for Temporary Orders Proposed Orders/Service

Things to Consider Uninsured Medicals Keeper of the Records Subpoena Extra-curricular Activities Mediation programs within the Court Drafting Motions for Temporary Support DOR – require they go to the DOR office Wage Assignments