Does Parenting Time Affect Child Support?

How Parenting Time Affects Child Support in Massachusetts

Parenting time arrangements significantly impact child support calculations in Massachusetts. The Massachusetts Child Support Guidelines explicitly recognize the relationship between parenting schedules and financial support obligations, creating a framework that attempts to balance children’s needs with each parent’s time commitment and financial resources.

How Different Parenting Schedules Affect Support

The 2021 Massachusetts Child Support Guidelines address various parenting time scenarios and their impact on support calculations:

One-Third (or Less) Parenting Time

When one parent has the children more than two-thirds of the time, the Massachusetts child support guidelines adjust child support accordingly by increasing the payment to the parent who has the children more (if the parent who has them less is the payor) or decreasing the payment made to the parent who has the children less (if the parent who has them more is the payor). 

Approximately Equal Parenting Time (Shared Custody)

When parents share custody approximately equally, the child support calculation becomes more complex. The 2021 Guidelines use a cross-calculation method to determine support in these cases:

1. First, a calculation is performed with one parent as the recipient
2. Then, a second calculation is performed with the other parent as the recipient
3. The difference between these calculations determines the support amount, with the higher-earning parent typically paying the difference to the lower-earning parent

This approach recognizes that even with equal time, there may be income disparities between parents that should be addressed to maintain consistent living standards for the children across both households.

Split Custody Arrangements

In cases where parents have more than one child and each parent provides the primary residence for at least one child (split custody), a similar cross-calculation approach is used:

1. Calculate support with one parent as recipient using the number of children in their care
2. Calculate support with the other parent as recipient using the number of children in their care
3. The difference in the calculations is paid to the parent with the lower weekly support amount

Practical Considerations in Parenting Time Disputes

Many child support disputes center on whether the baseline amount should be adjusted based on actual parenting time. These disputes often involve disagreements about how to measure parenting time:

• Some argue that parenting time should be based on where children sleep each night
• Others contend that parenting time should reflect hours of actual interaction, excluding sleep and school hours
• The guidelines themselves do not explicitly define how parenting time should be measured, but courts generally measure the time based on the hours that one parent has responsibility for the children, regardless of what is happening during that time. 

Courts have broad discretion to adjust child support according to the equities of each case, though the guidelines have made support calculations more predictable overall.

The Relationship Between Custody Changes and Support

When custody arrangements change significantly, child support orders should be reviewed and potentially modified. It’s important to note that custody changes do not automatically terminate existing support obligations. Massachusetts case law has established that a formal modification of the support order is necessary.

If custody shifts from one parent to another, the issue of child support should be explicitly addressed in the new custody order. Without a court order specifically modifying support, the Department of Revenue will continue to enforce the existing order, potentially leading to arrearages and enforcement actions.

Considerations When Requesting Modifications

When seeking a modification of child support based on changes in parenting time, consider the following:

• Document the actual parenting time schedule being followed
• Calculate how the current schedule differs from the one-third assumption in the guidelines
• Prepare to demonstrate how the current support order does not reflect the actual parenting arrangement
• Show how the requested adjustment would better serve the children’s needs

The court will consider whether the change in parenting time constitutes a material change in circumstances warranting modification of the support order.

The Broader Context: Parenting Plans and Support

Massachusetts courts increasingly recognize that children benefit from significant and meaningful time with both parents. This recognition has led to a shift away from designating one parent as the primary custodial parent toward more equal parenting arrangements.

When developing parenting plans, courts often consider:

• How couples parented prior to separation
• Each parent’s capacity to effectively nurture the children
• The quality of each parent’s relationship with the children
• The time spent by each parent on parenting

These considerations affect not only the parenting schedule but also the resulting child support obligations.

Conclusion

Parenting time significantly impacts child support calculations in Massachusetts. The 2021 Child Support Guidelines provide a framework for adjusting support based on various parenting arrangements, from traditional primary/non-primary parent scenarios to shared and split custody situations.

When parenting time differs substantially from the one-third assumption built into the guidelines, either parent may request adjustments to the support amount. However, these adjustments are not automatic and typically require court approval through a formal modification process.

Understanding the relationship between parenting time and child support can help parents develop arrangements that serve their children’s best interests while fairly distributing the financial responsibilities of child-rearing between both households.