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developments in the law that have
increased the likelihood of a court
ordering alimony and child support in
the same case until quite recently in
cases involving children under the age
of 18 most courts would calculate child
support first under the child support
guidelines and only order alimony if
income exceeded the maximum amount under
the guidelines which is a combined four
hundred thousand dollars a year
recent cases have suggested that judges
should be calculating alimony first in
at least some cases and if they
calculate alimony first that can have a
profound impact on the total amount of
support the change in the law is the
result of a ruling from the
Massachusetts Supreme Judicial Court
which is now requiring judges in these
cases to calculate both alimony and
child support and then determine which
should be calculated first
one of the issues we’ve seen so far is
that judges in the probate and family
court appear to be reluctant to
calculate alimony first in many cases so
this is a very active area of Law and
litigation in which the sequence between
whether alimony or child support is
calculated first has a very big impact
on the overall amount of support and
we’re sure to see more developments in
this area of law in the years ahead
Hingham, MA family law attorney Jason V. Owens explains when courts will order alimony and child support in the same case in MA.