On what basis should one decide to pursue alimony after a divorce when child support is no longer being paid? What determines success in MA courts?
Asked on Sep 20th, 2013 on Divorce - Massachusetts
More details to this question:
Divorced wife w two children. Lost job in 2010 and have not been able to replace income. Currently doing contract work. Not remarried. Two children (20's) both living w at home. Husband has good income, remarried and no longer paying child support or expenses and does not provide space for children to visit overnight. What should I expect to pay for representation? How long does this take? Can I do this via mediation?
Dear Anonymous,
In order to receive alimony you will have to file a complaint for modification and show a material change in circumstance. Alimony is based on need and the ability to pay. The duration of alimony will be based on the length of the marriage and both parties age. The amount will be based on both parties income. An agreement can be reached via mediation, but will require both parties to recognize a need for alimony. You should contact local counsel to get an idea of the legal fees. Expect to pay anywhere from $500.00 to $150.00 per an hour.
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