25 Kenoza Avenue Haverhill, MA 01830

Phillips, Gerstein & Channen, LLP

Call Today

978-374-1131

  • Welcome
  • Firm Overview
  • Reviews
    • Client Reviews
  • Attorney Profiles
    • Michael A. Gerstein
    • Russell S. Channen
    • Jane M. Owens Triano
  • Practice Areas
    • Business Law
    • Civil Litigation
    • Family Law
    • Personal Injury
    • Real Estate Law
    • Tax Law
  • Legal Blog
    • Articles
    • Case Results
  • Contact
  • Welcome
  • Firm Overview
  • Reviews
    • Client Reviews
  • Attorney Profiles
    • Michael A. Gerstein
    • Russell S. Channen
    • Jane M. Owens Triano
  • Practice Areas
    • Business Law
    • Civil Litigation
    • Family Law
    • Personal Injury
    • Real Estate Law
    • Tax Law
  • Legal Blog
    • Articles
    • Case Results
  • Contact

Massachusetts Divorce Cases Face New Guidelines for Alimony and Child Support

Homepage > Articles > Massachusetts Divorce Cases Face New Guidelines for Alimony and Child Support
massachusetts-state-house-boston-massachusetts-2022-03-22-15-40-13 (1)
Massachusetts Divorce Cases Face New Guidelines for Alimony and Child Support

The Massachusetts Supreme Judicial Court (SJC) recently made a significant ruling in the case of Cavanaugh vs. Cavanaugh, which has major implications for alimony and child support in divorce cases in the state. The decision clarifies the factors that should be considered when determining whether to modify alimony and child support orders, and it also establishes new standards for the duration of alimony payments.

In the Cavanaugh case, the former husband sought to modify his alimony and child support obligations due to a decrease in his income. The lower court denied his request, finding that he had not shown a substantial and material change in circumstances that would warrant a modification of the orders. The SJC, however, disagreed and reversed the lower court’s decision.

Factors Considered in Determining Whether to Modify Orders

The SJC clarified that the standard for modifying alimony and child support orders is whether there has been a material change in circumstances since the entry of the original order. The court explained that a material change is one that is significant and meaningful, and that it may include changes in the income, employment, health, or living arrangements of either party.

The SJC also emphasized that the party seeking a modification of alimony or child support must show that the change in circumstances is substantial, meaning that it is more than a minor or insignificant change. The court explained that a decrease in income of 5-10% is not enough to warrant a modification, but a decrease of 20% or more may be sufficient.

New Standards for the Duration of Alimony Payments

In addition, the SJC established new standards for the duration of alimony payments. The court held that the length of an alimony award should be based on the length of the marriage, with longer marriages generally resulting in longer alimony awards. The court also established a presumption that alimony should not exceed the length of the marriage unless there are compelling reasons to deviate from that presumption.

The court’s decision in Cavanaugh vs. Cavanaugh provides important guidance for divorce cases in Massachusetts. It clarifies the standard for modifying alimony and child support orders and provides a clear definition of what constitutes a material change in circumstances. It also establishes new standards for the duration of alimony payments, which will help parties and judges determine appropriate awards in light of the length of the marriage.

Importance of Careful Planning and Negotiation in Divorce Agreements

The decision also underscores the importance of carefully considering the terms of divorce agreements and orders at the time they are entered. Parties should anticipate and plan for potential changes in circumstances that may impact their ability to comply with support orders, and they should seek to negotiate agreements that are flexible and responsive to changing circumstances.

Overall, the SJC’s decision in Cavanaugh vs. Cavanaugh provides important guidance and clarity for parties and judges in Massachusetts divorce cases. It underscores the importance of careful planning and negotiation at the time of divorce, and it establishes new standards for the duration of alimony payments that will help ensure that support awards are fair and appropriate.

alimony Child Support Divorce Family Law
Previous StoryFiduciary Fraud 101
Call (978) 374-1131

Categories

  • Articles
  • Business Law
  • Estate Planning
  • Family Law
  • Personal Injury
  • Real Estate Law

Tags

alimony Auto Accident Business Law Car Accidents child custody Child Support Co-Parenting Contracts Coronavirus COVID-19 deed Divorce estate planning Family Law Health Care Proxy Home Improvement Contracts Homestead Exemption injury irrevocable trusts Landlord landlord tenant Last Will and Testament LLC Massachusetts Estate Planning Medical malpractice Personal Injury premisis liability prenuptial product liability claims property division real estate Real Estate Law Revocable trusts RMDs Slip and fall Sole Proprietorship Special-Needs Trust Taxes title Title Search Verbal Contract Warranty Deeds will Wrongful Death Wrongful Death Claim

Contact Us

(978) 374-1131

(978) 372-3086

25 Kenoza Avenue
Haverhill, MA 01830

Phillips, Gerstein & Channen, LLP is a law firm in Haverhill, Massachusetts. Our firm represents clients from Massachusetts cities throughout Merrimack Valley including Andover, North Andover, Boston, Methuen, Newburyport, Lawrence, Gloucester, Merrimac, Amesbury, Lowell, Groveland, West Newbury, Georgetown, and Rowley, and New Hampshire cities including Salem and Plaistow. We represent clients in Essex County, Middlesex County, and Suffolk County in Massachusetts and Rockingham County and Hillsborough County in New Hampshire.

© 2018 by Phillips, Gerstein & Channen, L.L.P. All rights reserved. Disclaimer | Site Map | Privacy Policy | Marketing by Bardorf Legal Marketing

Email Us
close slider

Get A Case Evaluation

We are happy to provide a consultation to all first time clients.

Please complete the form below and we will contact you.

Call Now Button