In September 2011, Governor Deval Patrick approved the Alimony Reform Act. The conventions of this law came into effect on March 1, 2012 – introducing far-reaching changes that significantly transformed the right to existing support. Nearly two years have passed since then, but there are still a number of concerns about this law, its influence on child support laws and what people entering a separation or divorce process should be aware of. current. Let me share a few factors that a Boston divorce lawyer must reveal to his clientele.
Alimony is currently ending with retirement
Before the last changes to the law, it made no difference regarding the ability or inability of a person to cover child support payments. When a particular person arrives at age 65 or at the age of retirement, she contributes to social security and relies on her benefits. They have often seen a significant reduction in their income and the money they have each month to pay for their loans, rent and meals, which is essential to their lives. These limited earnings would not be taken into account – it would not change anything if you suddenly did not have the ability to give your ex-wife the same amount you had previously.
You still had to pay the alimony settlement that the judge had granted at the time. It was quite difficult to demonstrate that you simply had not had the opportunity to do it. so you really need that to change. Today, individuals have the opportunity to interrupt their support requirements once they reach retirement age, giving them all the power to save money, plan for retirement, which really helps them make things a lot more identical. The idea is that there is an end date for alimony. Imagine a couple earning between $ 700 and $ 1,000 a month.
Because of the old guidelines for child support awards, one of those two could perhaps get a majority. Without effort, you have a situation in which one of the spouses has no funds, no chance to stop working and must find a part-time job to be able to pay the bills. This is the reason why many people tend not to retire and should work up to seventy years old. These times are over.
The resources of the new spouses are not included in the calculation of the support allowance
Previously, following a divorce in the event of remarriage of the paying spouse, the recipient of alimony could go to court and obtain an increase in his alimony based on the income of that second spouse. This causes a number of problems. Many people's response to this would be to avoid remarriage – a single illustration of the kind of side effects that would have on the life decisions of the future, even if it is considerable. This has been detrimental to (re) marriage. Now, if a person who pays support is remarried, the earnings and assets of the new spouse … will not be taken into account in determining an alimony allowance. It is good to see this irritating element of the alimony procedure eliminated. I had clients who thought they could not remarry, or who had a new partner whose strict education would not allow cohabitation without marriage. Now, it's good to see them evolve in their lives. Mainly because it is precisely what it really is: going forward.
Change in cohabitation or marital status Impacts Qualifications
Continuing with the example of alimony and husband or wife remarrying, you would have a guy who would pay alimony to his ex-wife, and these funds were intended to help the woman get back up, get an education, reintegrating the job market or retraining to develop the skills that she had before her marriage, her children and her existence, far from the business world. The idea was essentially to bring her back to where she was before becoming a housewife, and the paying husband was responsible for paying part of the money needed to achieve this goal. After a certain point, the paying husband would discover that the beneficiary of the pension would live with someone: sharing rent, sharing expenses and, in many cases, getting married. Using the previous legislation, it made no difference – if a person resided with another person, his income would not be taken into account with respect to the reduction of the payment of alimony. This would not be considered. At the present time, with the modern adjustments of the law, judges can take into account the earnings of that extra person, their contributions even when they simply live together. Now, these funds are taken into account to determine the amount of child support in its entirety. Should this be reduced? Should it stay the same? "These types of conditions are now evaluated and taken into account whenever these problems are raised, which is helpful in creating a level playing field.
All Judges Now Have a Roadmap Regarding Consistency in the Massachusetts Child Support Decision
Something else that the lawyers had to do was # 1. Determine the length of the marriage, then # 2. Know the judge in question and know exactly how this judge would rule on the age of the child. 39; union. If the relationship lasted from 1 to 10 years, the judge can rule in a certain way. In the event that it would have been 10-20 years old, someone might be eligible for alimony, or maybe not. More than 20 years, and it was absolutely thought that this alimony was a certainty, every time … and for life. Today, long-term marriages (lasting 20 years or more) end in retirement. For a union of five years or less, the duration of the support is 50% of the number of months of the marriage. Take a marriage that lasted 48 months or four years. Divide by 2 and that's 24 – so a spouse would probably qualify for two years of alimony in this scenario. 5 to 10 years, it would be 60%, between 10 and 15 years and 70%, and between 15 and 20 years, 80%. Previously, it was difficult to demonstrate that a person was eligible for alimony after less than 10 years of marriage and the burden of proof was on them. Nevertheless, with an excellent divorce lawyer, this burden is considerably lightened and the judges have today a road map to rule consistently throughout Massachusetts.