Our attorneys have achieved outstanding results litigating matters involving child support and spousal support. Support matters stem from a variety a case types, including divorce, paternity (establishing parent-child relationships in court proceedings), domestic abuse, Child Support Services (DOR), post-judgment enforcement and modification, and separate support (sometimes referred to as “legal separation”) cases. David Wilkinson has negotiated countless agreements and litigated countless matters concerning child support matters, including cases involving professional athletes and celebrities. In David’s more than two decades of experience, he has encountered nearly every possible issue that may arise in a support case.
Below is a small sample of the cases that David has participated in during his career practicing family law.
In a recent matter involving a motion to set an initial temporary spousal and child support order, David and his client, the wife, requested the court establish a spousal support and child support amount based on an “imputed wage” to the husband. In this case, the husband had quit his job because he received a large inheritance from the passing of a family member. Then parties then separated, and the husband’s argument was in essence, “I am not working; therefore, I have no income, and therefore I do not have to pay support.” David argued that the court should “impute” or “attribute” income to the husband based on his “earning capacity” (i.e. the amount of income he was capable of earning). At the hearing, David presented evidence regarding the husband’s education, employment history, and the various opportunities that were available to him if he made an effort to become employed. The court imputed income to husband and based the support on his earning capacity.
In a post-judgment modification proceeding involving child support, David was able to assist a father in responding to the mother’s request to increase support. The court ultimately denied the mother’s request on the basis that she was unable to provide credible evidence as to her earnings since she was self-employed. Since David showed that the mother was untrustworthy in her declarations, the court was unwilling to find in her favor.
In a divorce case, David represented the husband, a retired fire chief. It was important to the husband to avoid having to pay spousal support to the wife. From the beginning of the case, David employed a strategy to achieve the ultimate goal of having the court terminate its power to ever order spousal support in the future. Although David was prepared to litigate the case, he and the wife’s attorney were able to negotiate a full agreement on all the issues in the case. Ultimately, the husband agreed to provide the wife with additional equity in some property to offset any future spousal support that he would have to pay the wife. The husband was extremely happy with the result.
David Wilkinson represented a wife in a divorce case recently where the husband was a director at an internationally recognized tech company. Issues of both child and spousal support were present in the case and the husband was not forthcoming in his representations. David conducted discovery by sending subpoenas to the husband’s employer, and by demanding that the husband provide a mountain of financial information. After the discovery was completed, David learned that the husband’s compensation consisted of not only a very high base salary, but additional compensation in the form of stock, stock options, bonuses and other performance pay (i.e., equity compensation). A very high amount of child and spousal support was ordered based on this information.
In a recent case where David represented one partner in a same-sex marriage, David filed a motion for temporary spousal support and attorney fees concurrently with the complaint for divorce. The other party was adamant that she would not pay spousal support. Even though David’s client earned a substantial income, he was able to secure a significant spousal support award for her as well as attorney fees. After these initial orders were obtained, the other party was much more amenable to resolve the entire case by agreement.
For more information about divorce, paternity, and support contact our office today for a free consultation. We handle many cases in Middlesex County (courthouses are in Woburn and Lowell) and Norfolk County (Canton), as well as Essex County in Salem. We also handle matters in Bristol County, including the New Bedford, Fall River and Taunton courthouses. We also serve all courts in Plymouth County including the Family and Probate Courthouses in Plymouth and Brockton. We have offices conveniently located in Needham, Boston, Hingham and New Bedford.