Massachusetts Child Support Lawyer

Child support is a financial obligation designed to help cover the costs associated with a child’s care, custody, and upbringing. In Massachusetts, this responsibility typically falls on one parent, who makes payments to the other. As a Massachusetts child support lawyer, I handle child support cases involving children up to 23 years old. These matters arise frequently. Child support may also become relevant in guardianship cases when a child reaches emancipation. The state provides a formula for presumptive payments, but complexities arise, particularly when a parent’s income is uncertain. Even minor miscalculations can significantly impact support amounts, making legal guidance beneficial when income determination is in question.

Massachusetts Child Support Law

When parents separate or divorce, Massachusetts law empowers the court to decide on a child’s care, custody, and financial support. This includes deciding where the child will reside and whether custody should be granted to a third party. Courts will also establish child support obligations per the Massachusetts Child Support Guidelines.

The Child Support Guidelines

The Massachusetts Child Support Guidelines set forth the amount of child support to be paid by one parent to the other. These guidelines apply to both married and unmarried parents, as well as to temporary, final, and modified support orders. Generally, if one parent has primary physical custody, the other parent is responsible for making child support payments, even when both parents share legal custody.

For support calculations, income includes wages, commissions, bonuses, rental earnings, self-employment income, pensions, and other financial resources. If a parent is unemployed or underemployed, the court may attribute income based on earning capacity. Courts also consider factors such as parenting time, minimum and maximum support levels, and the relationship between child support and other obligations, including alimony.

Massachusetts Child Support Calculator

Judges rely on the child support guidelines worksheet to determine support amounts. This calculation takes both parents’ incomes into account, along with certain deductions. Childcare costs are typically the responsibility of the custodial parent but are factored into the overall calculation. Similarly, parents may deduct health insurance expenses for themselves or their children.

Can Parents Agree on a Child Support Amount?

Parents often negotiate child support amounts before involving the court. While an agreement is possible, it must be approved by a judge, who will assess whether it is fair and reasonable. The court generally presumes that the amount determined by the guidelines is appropriate. However, deviations are possible if there is a compelling reason, and the judge must issue written findings to justify any variation.

Additional Child-Related Expenses

In addition to basic child support, courts may order contributions for other expenses, such as:

• Educational costs
• Extracurricular activities and camps
• Medical and dental expenses

The court has discretion in determining how these costs are shared between parents. If you have additional child-related expenses that have historically been divided, it is important to address them in your child support case.

Modification of Support Payments

You can modify child support. To modify a child support order, there first needs to be a material change in circumstances. Second, that change must result in a difference between 1) the current order; and, 2) an order if you apply the child support guidelines.

A material change in circumstances may include the loss of a job or income. If your income changes, for instance, and if the result of recalculating the income is a different amount, generally there’s a basis for modification. However, if a paying parent loses their job, the court will assess their efforts to find new employment and may attribute income based on their qualifications and work history. A judge is unlikely to reduce support obligations without a demonstrated effort to secure new income.

Enforcement of Child Support Payments

When a parent fails to meet their child support obligations, the most effective enforcement method is filing a complaint for contempt with the Probate and Family Court. If support payments are processed through the Massachusetts Department of Revenue, the agency can take enforcement action, though this may take time.

Filing a child support contempt complaint is not difficult. Essentially, it’s a one-page form on which you’ll complete all the basic case information. This information will include the parties’ names, the date of the final judgment or order, etc. Then you’ll explain the part of the agreement or order that the other party isn’t following.  For example, you may say, “Father was ordered to pay Mother $792 a week commencing on August 3, 2017 and continuing every Friday thereafter until further order of the court.” Then you’ll explain what has happened. For example, “Father has not made a payment of child support since January 23, 2018 and currently owes $4,932 in back support.” The complaint can be filed at the probate and family court at which your case is filed.

At a hearing, the payor will need to convince the judge that he or she can’t make the support payments. For the recipient of support, having a lawyer at this hearing is helpful. Further, courts may impose penalties, including wage garnishment and attorney’s fees, to ensure compliance.

Seeking Legal Guidance

Understanding your child support rights and obligations is essential to ensuring a fair outcome. If you have questions about child support, whether related to calculations, modifications, or enforcement, consulting with an experienced Massachusetts child support lawyer can provide the clarity and guidance you need.