My husband hasn't worked much in 3 yrs. I am on social security disability for me and my kids. I pay for rent, get fuel assistance, state health insurance free. He owned business and did well for years. I am down to just my income and he won't really work (under table here and there) How will a judge determine what he would have to pay and can he force him to get a job?
ANSWER:
A judge will review the financial statements each o f you complete and sign at the time you appear in court with your request that your husband pay you support. It is best to complete your financial form before you go to court in order to ensure that you have had ample time to gather information to accurately include on this form. This form must include specific information regarding your income, expenses, assets and debt. Your husband will be required to fill out and sign his own financial form. These Massachusetts court financial forms usually can be found on most family court websites and also on my website.
Your question mentioned that your husband owned a business and that at one point he “did well for yrs.” A court can consider his past income in analyzing his income potential should it be determined that he is intentionally or willfully unemployed or underemployed. Some information that could be used to support this assertion is a review of past income tax returns, bank statements, business profit & loss statements and his annual social security income statements. Also, any information you have about your husband’s education, skills, certificates and licenses would be helpful in a judge’s determination of whether to attribute income beyond what he lists on his financial statement. If you have any proof that he is working “under the table” which may or may not be listed on his financial statement, then you should gather that information to support an increased in support payment. However, the judge will also consider the current reality of these difficult economic times and its impact on his ability to earn income. Once income is established, the Massachusetts child support guideline worksheet must be completed. You can find this form on most family court websites and also on my website. This child support calculation considers the number of unemancipated children, income of both parties, the cost for health/dental insurance, the cost for daycare, if any. The issue of whether spousal support or alimony should be paid is a more complicated analysis. However, unless there is significant income and assets, most courts will not award alimony in addition to child support. Unless you waive your right to future alimony in a divorce agreement, you may be able to request alimony after the child support terminates.
DISCLAIMER: The information contained herein, and the receipt or transmission of same does not constitute or create an attorney-client relationship and the information provided does not constitute full analysis of any specific matter.
QUESTION # 2:
Husband withdrew all 401k after separation. Am I still entitled to half?
We separated 6 months ago after 15 years of marriage. My ex was terminated from his job for cause, offered an unknown severance package and withdrew his entire 401k. Am I still entitled to a portion of this and what is my recourse for obtaining my portion?
ANSWER: Once a divorce is filed with the court, you are entitled to obtain documents and information, known as discovery, from your husband. You would be getting all bank statements, financial documents and severance package documents so you could determine values that existed before and after his actions. This analysis includes a determination of whether he used the funds for legitimate and appropriate expenses or whether he simply squandered them. Hopefully you own other property, either a marital house or your own retirement and bank accounts, that could be used to offset any amount you would have been entitled (ie, your half) if he had not taken the actions he did.
DISCLAIMER: The information contained herein, and the receipt or transmission of same does not constitute or create an attorney-client relationship and the information provided does not constitute full analysis of any specific matter.
