The Cavanagh Case – What's it All About?
In a landmark decision, the Massachusetts Supreme Judicial Court (SJC) ruled in Cavanagh v. Cavanagh that judges must consider both alimony and child support when making orders in divorce cases. This means that couples who are divorcing may now be eligible for both types of support, even if they were not previously.
The Cavanagh case involved a couple who had been married for 21 years. The husband had a high-paying job, while the wife stayed home to raise their children. After the divorce, the wife sought alimony, but the judge denied her request, saying that she was already receiving enough support through child support.
The SJC reversed the judge's decision, holding that the judge had failed to consider all of the relevant factors in making his order. The SJC also held that the Alimony Reform Act, which was passed in 2011, does not prohibit the concurrent award of alimony and child support.
The Cavanagh decision has a number of implications for alimony and child support in Massachusetts. First, it means that couples who are divorcing may now be eligible for both types of support, even if they were not previously. Second, it means that judges must consider both alimony and child support when making orders in divorce cases. This will make the process more complex, but it will also ensure that couples receive the support they need.
Here are some of the key takeaways from the Cavanagh decision:
Judges must consider both alimony and child support when making orders in divorce cases.
The Alimony Reform Act does not prohibit the concurrent award of alimony and child support.
Couples who are divorcing may now be eligible for both types of support, even if they were not previously.
If you are considering divorce in Massachusetts, it is important to talk to an attorney about the Cavanagh decision and how it may affect your case. An attorney can help you understand your rights and options and can represent you in court if necessary.
What Does This Mean for You?
If you are going through a divorce in Massachusetts, the Cavanagh decision may have a significant impact on your case. If you are considering seeking alimony, you should talk to an attorney about whether you may also be eligible for child support. An attorney can help you understand your rights and options and can represent you in court if necessary.
The Cavanagh decision is a complex one, and there are still many unanswered questions. However, it is clear that the decision will have a major impact on alimony and child support law in Massachusetts. If you are going through a divorce, it is important to stay informed about the latest developments in the law so that you can protect your rights.
https://law.justia.com/cases/massachusetts/supreme-court/2022/sjc-13222.html
