One of the most crucial (and often contested) aspects of a divorce is charting out your financial future. Each spouse tends to have a different idea of what it would take to maintain the lifestyle they enjoyed while married, so they may be fighting for or against an alimony order accordingly. In a divorce that involves alimony as well as child support, the court’s primary goal will be to ensure that each child gets as much support as possible from both of their parents.
So, in a Massachusetts divorce, if child support is ordered by the court, there is usually no alimony order added to this. The norm has been for a family law judge to first calculate child support, and only if there was additional income beyond this, income that had not been used in the child support calculation, then they would go on to calculate alimony as well. This is often still the case, but there are exceptions worth knowing about, as they might also be used to set a new standard.
How Child Support Can Affect the Amount of Alimony in MA
On April 4, 2022, the Supreme Judicial Court (SJC) ruled on Cavanagh v. Cavanagh and determined, among many other things, that a trial judge did not have the authority to calculate child support first, then rule against providing alimony. Income should be used for both child support and spousal support calculations before a decision on either is made, and to deny alimony because there is child support is not always valid.
Instead, the SJC ruled that both the guidelines for alimony (G. L. c. 208, § 53) and for child support (G. L. c. 208, § 28) should be considered before making a ruling.
In this Massachusetts divorce, the court said that when considering both child support and alimony, a family law judge should:
- First, calculate alimony, then with the income left for each spouse after that calculation, determine the amount of child support. This would be scenario #1.
- Second, go back and calculate child support first, then calculate alimony based on what income remains as usual (which often means there won’t be alimony). This would be scenario #2.
- Finally compare both scenarios, considering not only the differences in the amounts ordered each time, but also the tax implications of either outcome. Given both sets of numbers, the judge would then have to decide what would be “most equitable” for the family according to both alimony and child support laws.
While this was a major, somewhat controversial decision by the SJC, even in this decision the court itself acknowledged that in the second step, where child support was calculated first, there likely wouldn’t be enough income left for the paying spouse to calculate alimony afterwards. Even so, the court ruled that if a family law judge was going to decide that alimony wasn’t required because the custodial parent would be receiving child support, they would also be required to explain why they think that is the fairest solution for a family.
In an updated opinion on September 9, 2022, the court expounded on the two calculations above, saying that a judge did not have to pick between those two, but could come up with their own amounts for child support and alimony in the interests of equitableness.
This court also determined that the original trial judge in the case was wrong to exclude the following sources of income from child support calculations:
- Interest and dividends
- The income from a second job
- Employer contributions to retirement and health savings accounts
The SJC also stated that capital gains should be considered when determining a party’s income for alimony purposes, whereas before, a court would not factor in capital gains income as a rule.
So, while alimony and child support are separate considerations, the types of income and approaches used to calculate child support can affect how much alimony is awarded, or if it’s even awarded at all.
What Can This Mean for Alimony & Child Support in Your Divorce?
Since this ruling hasn’t been in place for very long, the implications of this outcome are not yet fully established, but the SJC is the highest court in the Commonwealth. As such, it’s worth paying close attention to this case and sorting through the ramifications of what this could mean for your own Massachusetts divorce. One outcome of this ruling may very well be that more divorces will involve both alimony and child support now.
Tax Experts for Your Alimony & Child Support Calculations
If your divorce is one where you think that both child support and alimony could be ordered, or that they should be ordered by the court, then this means you will probably need to tax experts in your corner. You will need these specialists to plot out what each scenario’s tax implications would be so that you can make your case as to what is most fair for your family.
Determining What Is “Most Equitable” for Alimony & Child Support
One glaring issue in this ruling is that no guidelines were provided for determining what is most equitable for families as a whole. In order to convince a family law judge to either award or deny alimony in cases with child support, your choice of divorce attorney can make or break your case. You need a seasoned legal advocate who knows what a judge is looking for and knows how best to present your case.
Call Miller Law Group, P.C. for Alimony & Child Support Help
With our decades of experience and courtroom-tested representation, our Massachusetts alimony lawyers have helped clients navigate both amicable and contested divorces alike. At Miller Law Group, P.C., you will have an entire team of lawyers on your side, local legal advocates who know the local courts, how each family law judge operates, and can build you the strongest case possible accordingly. If you have questions about how child support could affect whether alimony will be ordered in your divorce, our team is ready to listen and help.
To request your free, no-obligation consultation, call (888) 874-2142 today. Our Massachusetts alimony attorneys offer the local insight and world-class service you deserve.