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Reasons You May Need a Spousal Support Modification

Years ago, just about anyone could receive spousal support as part of their divorce settlement. However, today, many states, including Massachusetts, have instated more guidelines to determine who will receive alimony. In general terms, short-term marriages will not qualify, though the courts may consider income discrepencies, the health of the parties and other factors in making a final decision. Regardless of that decision, though, there are reasons why you may need to modify the results.

Remarriage
In many cases, if the spouse who is receiving the support marries or moves in with someone else before the alimony period ends, the support should immediately end. However, it is often up to the payer to take the other party to court to put an end to the support officially through the courts. This reason is one of the easiest ones to prove, eliminating the support payments from the date of the marriage.

Failure to Pay
Not everyone will readily pay the amount of money ordered by the court. If your ex has been ordered to pay you spousal support and those payments have fallen behind, it may be time to talk to a lawyer. While you aren’t likely to gain more money from taking your ex back to court over the missed payments, the judge can increase the amount your ex has to pay each month. Garnishment may also be an option to help you obtain the money you are entitled to. [Read more…]

How Is Spousal Support Determined In Massachusetts?

One of the most common questions when going through a divorce is about spousal support. Spousal support is often called alimony, and it is a word that many people hear but don’t quite understand. When you hear about divorces involving famous people, most often there are large amounts of money named. You may hear about alimony payments in the millions when a movie star divorces, or in cases of people who are very rich. But what if you or your spouse don’t earn more than six figures? Does alimony still come into play? The answer is simply that it could. Alimony is based on the financial situation of each spouse.

In Massachusetts, alimony can be awarded to either spouse, and is gender neutral. The judge bases the decision on several factors such as –

  • How long the marriage lasted
  • The age and health of each spouse
  • The income of each spouse
  • Employability or employment of each spouse
  • Any training required for one spouse to find employment
  • The contribution of each spouse to the marriage
  • The standard of living during the marriage
  • Any lost opportunity of a spouse during marriage

[Read more…]

How to Protect Your Credit Through Divorce

Divorce can be very emotional and quite often important tasks fall through the cracks. Protecting your credit is important and should be a priority. Here are a few tips to help you protect your credit through divorce.

1. Take inventory. Pull your credit report to get an idea of everything that is out there. Be aware that some lines of credit may not be reported to a credit bureau. For example, you may have a credit account with your dentist office or other private service provider. Look through past records to try to identify any creditor you may have overlooked that is not on your credit report.

2. Remove your spouse as an authorized user. Your credit report will note who is an authorized user on an account. Leaving your spouse as an authorized user is dangerous. It gives them the authority to charge, but not the responsibility for the debt. You can have them removed by simply calling the credit card company. Additionally, it’s just as important for you to be removed as an authorized user on your spouse’s accounts. If your spouse does not pay, that unsettled debt can be reflected on your credit report. If your spouse refuses to do it, call the credit card company yourself. If they will not allow you to remove yourself, contact the credit reporting agency and dispute their including it on your credit report.

3. Separate joint accounts. This can be more difficult. The details of separating joint accounts will vary depending on the divorce settlement. For example, the person who stays in the house may be responsible for paying the mortgage. If this is the case, it would be best to refinance into the responsible person’s name. If it’s not possible to separate a joint account, add conditions to your divorce settlement to protect yourself. For example, if your spouse is going to miss a payment, they must notify you in advance. It’s not fair for you to make the payment, but doing so will protect your credit. Keep track of those instances so you can recover the funds in court at a later time. Ask the lender to send a copy of the statement to both of you, so you can keep track of any delinquencies. [Read more…]