Hingham, MA family law attorney Jason V. Owens explains when courts will order alimony and child support in the same case in MA. He explains that recent developments in the law have increased the likelihood of courts ordering both alimony and child support in the same case. Until quite recently, in cases involving children under 18, most courts would calculate child support first under the child support guidelines and only order alimony if the combined income exceeded the guideline maximum of $400,000 per year.

Recent cases, however, suggest that judges should calculate alimony first in at least some cases. Doing so can have a significant impact on the total amount of support awarded. This change stems from a ruling by the Massachusetts Supreme Judicial Court, which now requires judges to calculate both alimony and child support and determine which should be addressed first.

He notes that one issue emerging is that judges in the Probate and Family Court often appear reluctant to calculate alimony first. This remains a very active area of law and litigation, as the sequence of calculating alimony versus child support can greatly affect the overall support amount. He expects further developments in this area in the coming years.