You are here

alimony versus child support in Massachusetts

I am an upper middle class payor of alimony. I currently pay alimony at a fixed percent of my income and do not pay child support for my children. At the time of our divorce several years ago this made sense and yielded better tax treatment of the support without 'costing' me any more. Now a few years later we have new child support guidelines which would yield a different result, resulting in a lower (net after taxes) support payment compared to current alimony payments.
My question is are there any statutes or precedents that, should I ask a judge to enter a child support order rather than alimony, would help to achieve this? Thank you

Share this with your friends

It sounds like you are paying "Unallocated Alimony" which bundles child support and alimony into a single tax deductible payment. It was advantageous for you to agree to this because your alimony payment is deductible from taxable income whereas child support payments are not tax deductible. Hence, it did not just not cost you more, it cost you less. Were you to revert from alimony to child support, you would lose the tax benefit.
If you are in fact an upper middle class earner, there is a pretty good chance that this change would end up costing you more in increased taxes than it would save you in reduced payments. Of course there is no way to know without an analysis of your specific situation. The lawyers can answer the question on precedents.

Submitted Sat, 07/27/2013 - 12:01

Hi. You may be paying family support a/k/a unallocated alimony and child support. This type of agreement is usually structured with the help of a CPA or CDFA(certified divorce financial analyst). In order to see how, if any, the 2013 child support guidelines affect you, you will need to have this type of professional calculate the numbers. I warn you in advance that opening the door to a modification may be damaging to you in the long run so proceed with caution. It is also a substantial cost to you. There is no such thing as a litigated focused modification. If you both agree to the concept of recalculating use a professional and file an assented to modification.
Attorney Allan Baron

Talk to a Divorce Attorney Today
Most offer FREE Consultations
Connect with The Forum
facebook google twitter linkedin