Answers to Common Questions

What do we do with the Court Financial Statement form?

1. Each of you has to fill out your own as part of the process of filing for a divorce.

2. You should fill it out NEATLY. You can type your answers on the form available on my website www2.mediate.com/fiske under “How to File for a No-Fault Divorce or by googling “Mass Probate Court” and going to “Self Help.” Instructions are available through the website, or by googling :Mass Probate Court” and going to their forms section.

3. You should fill out the form as of the date you are filling it out. Copy it onto pink paper.

4. Do NOT agonize over this form. If you spend more than an hour on it, that’s too long. If you’re filing a joint petition, you should estimate your weekly expenses as best you can. Income and assets can be defined relatively accurately without a lot of time spent

5. Here’s a letter I received on my website from a wife getting divorced. “The main thing that overwhelms us (aside from the emotional aspects) is putting together the financial statements.” When I called her she said they had been struggling with it for seven months. You don’t have to.

6. Just remember NEATLY.

What does child support cover?

1. All ordinary costs of raising children including food, shelter, transportation,

routine uninsured medical and dental costs and, yes, clothes.

2. Child support does NOT cover extraordinary costs of children such as summer

camp, private school, college, lessons and extracurricular activities.

Couples usually agree to share these costs in some defined proportion

AFTER the activity or need has been agreed upon in advance.

What is a QDRO?

1. The only time married couples can divide an IRA or retirement plan is when they get divorced. They may need a court order called a Qualified Domestic Relations Order to divide any retirement plan covered by the federal Employee Retirement Income Security Act (“ERISA”), such as a pension, annuity, 401(k) or other retirement plan.

2. An Individual Retirement Account or IRA is not covered by ERISA and

does not need a QDRO. The court order approving the Separation Agreement is sufficient for the plan administrator to divide an IRA as you wish.

3. How do we get a QDRO? If it is simple (ie, “H will give W 50% of his 401(k)

on the date of the transfer,” etc), the plan administrator may have a form you

can fill in yourself. If you want help, there are professionals who write them,

including financial planners and lawyers. The internet is a place to start, or the

website of the Mass Council on Family Mediation (www.mcfm.org), or me as

your mediator.

A Simple (!?) Explanation of Child Support and Alimony

1. Google "Mass. Child Support Guidelines Calculation Worksheet" and select the "calculation" link. If you can't find an interactive form, get your calculator and follow the steps manually. 

2. Fill in 6 numbers in the correct squares, all WEEKLY

1a Income for recipient and for payor

1b Child care costs

1c Health insurance costs, etc

1h proportions of the combined  family income

2b Number of children

3. The form tells you the amount of weekly child support

4. IF your combined income is less than $250,000, you are done. If your income is greater, or if you have no children, you may want to consider alimony. Alimony is no longer deductible by the payor or taxable to the payee for federal income tax purposes. In Massachusetts the consensus seems to be that alimony ahould be about 25% of the difference in the incomes of the spouses. State law says alimony ends on the death of the payee or according to a time limit based on the length of the marriage under 20 years. 

CAUTION: please please consult an accountant, financial planner, lawyer, mediatoror other knowledgeable expert to make sure you understand your choices and follow the one you want. 

August 2019