Understanding Retroactive Child Support in MA

Understanding Retroactive Child Support Modification in Massachusetts

Retroactive child support is a complex legal concept in Massachusetts family law that affects many parents involved in child support disputes. This article explores the legal framework governing retroactive child support orders, the limitations on retroactive support, and the practical implications for parents seeking to adjust support obligations.

The Legal Framework for Retroactive Child Support

In Massachusetts, child support obligations become judgments by operation of law “on or after the date they are due” under Massachusetts General Laws Chapter 119A, Section 13(a). This provision, which implements federal requirements established by the “Bradley Amendment” of the Omnibus Budget Reconciliation Act of 1986, gives each child support payment the full force and effect of a judgment when it becomes due.

The law establishes a clear rule regarding retroactive modification: child support judgments may not be retroactively modified “except with respect to any period during which there is pending a complaint for modification, but only from the date that notice of such complaint has been given.” This means that courts can only modify support obligations back to the date when the other party received notice of the modification complaint—typically the date of service.

Limitations on Retroactive Modification

The prohibition against retroactive modification of child support has been strictly construed by Massachusetts courts. The Supreme Judicial Court has expressly refused to create exceptions to what it calls the “clear mandate” in G.L. c. 119A, § 13 against retroactive modification.

In the case of D’Avella v. McGonigle (429 Mass. 820, 1999), the court refused to recognize impossibility of performance as an exception to the statutory prohibition against retroactive modification, even when the party seeking modification was incarcerated while arrears accrued prior to filing a complaint for modification.

This strict interpretation serves several important purposes:

1. It ensures that recipient parents can confidently rely on court orders when planning for their children’s care and education.
2. It places the burden on the obligor parent to promptly seek modification when circumstances change rather than unilaterally reducing or stopping payments.
3. It prevents obligors from accruing significant arrears and then seeking forgiveness after the fact.
4. It maintains the finality of support orders, preventing recipient parents from having to return to court each time a payment is missed.

When Retroactive Modification Is Permitted

While the prohibition on retroactive modification is strict, the law does allow for modification during the pendency of a complaint for modification—but only from the date notice was given to the other party. The decision to apply retroactive relief during this period is discretionary, not mandatory.

In Boulter-Hedley v. Boulter (429 Mass. 808, 1999), the court established that retroactive relief is within the judge’s discretion, with the best interests of the child serving as a significant factor in the decision.

The Concept of Equitable Credits

In certain limited circumstances, courts may apply “equitable credits” against child support arrears. In Rosen v. Rosen (90 Mass. App. Ct. 677, 2016), the Appeals Court introduced this concept, allowing credits when the payor fulfilled their support obligation “in a manner other than as directed by the original order” but which nevertheless accomplished the maintenance of the child as envisioned by the original order.

For example, if a child moved in with the payor parent who directly supported the child during that period, the court might apply an equitable credit against arrears that accrued during that time. However, these equitable credits are not technically retroactive modifications and are applied only in compelling circumstances.

In a more recent case, Calabria v. Calabria (91 Mass. App. Ct. 763, 2017), the court exercised its equitable authority to allow child support payments retroactive to the date of the father’s increase in income, which was prior to the date the mother filed her complaint for modification. This was possible because the parties had expressly provided for retroactive adjustment of child support in their separation agreement that had merged into the judgment regarding child support.

Practical Implications for Parents

For Obligor Parents

If you are an obligor parent experiencing financial difficulties that affect your ability to pay child support, it is crucial to file a complaint for modification immediately. Waiting to take action can result in the accrual of arrears that cannot be retroactively reduced.

Even legitimate reasons for inability to pay—such as job loss, disability, or incarceration—will not excuse the obligation to pay support that has already accrued before filing for modification. The burden is on the obligor to seek timely modification of the support order.

For Recipient Parents

Recipient parents should understand that while retroactive increases in support are subject to the same limitations as decreases, they may be entitled to increased support from the date they serve a complaint for modification if the obligor parent’s financial circumstances have improved.

Challenging the Amount of Arrears

While retroactive modification is generally prohibited, obligors may still challenge the actual amount of arrears owed based on:

1. Accounting errors, provided there is proof of payment
2. Cases where the support obligation ended by operation of law (such as when a child is emancipated, marries, or dies)
3. Mistakes of fact (such as incorrect identification of the obligor or errors in calculating the amount due)
4. Challenges to the validity of the underlying order (such as lack of jurisdiction by the court that entered the order)

The Role of the Department of Revenue

The Massachusetts Department of Revenue (DOR) plays a significant role in child support enforcement and maintains records of past-due support. If the amount of arrears is disputed, the DOR has administrative procedures to resolve these disputes before court intervention becomes necessary.

For cases where the DOR is involved, parents should ensure that the agency receives copies of any new court orders affecting support obligations. Failure to keep the DOR informed can result in continued enforcement actions based on outdated information.

Conclusion

The prohibition against retroactive modification of child support in Massachusetts serves important public policy goals, ensuring that children receive the support they need when they need it. While this rule may sometimes seem harsh to obligor parents facing financial difficulties, it underscores the importance of taking prompt action when circumstances change.

Understanding the limitations on retroactive modification can help both obligor and recipient parents navigate the child support system more effectively, ensuring that support orders remain fair and appropriate while protecting the best interests of the children involved.

For parents facing changes in financial circumstances that affect their ability to pay or receive child support, consulting with an experienced family law attorney is essential to protect their rights and fulfill their obligations under Massachusetts law.