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What you need to know about child support in MA
Understanding Child Support in Massachusetts
Child support in Massachusetts is defined as the money one parent pays to help with a child’s financial needs when the parents do not live together anymore. The parent who the child lives with most of the time is the custodial parent. The other parent is the non-custodial parent. The custodial parent is the individual who will receive child support. The purpose of child support is to ensure that the child’s needs are met. Child support payments are intended to cover essential expenses such as food, clothing, child care costs, education, dental insurance and healthcare.
The amount for child support in Massachusetts is calculated through the The 2021 Massachusetts Child Support Guidelines, using the weekly income and expenses of both parents. Weekly income should be calculated by dividing the annual income by 52. The court must adhere to the guidelines unless there are compelling reasons to deviate. If the child support amount is 40% or more of the payor’s available income, they are able to ask the court for a deviation. The minimum child support payment allowed in Massachusetts is $12 per week.
The payor’s obligation to pay child support continues until the end date specified in your child support order. Child support may not automatically end when your child turns eighteen years old. Unless your court order specifies a specific amount per child, the amount of child support you have to pay will remain the same until the order ends for all of your children. Your child support order may end when a child turns eighteen years old, but it may also continue until the child’s twenty-third birthday. This depends on your court order. The court follows these guidelines to determine the end date of an order to pay child support:
- If a court order states that child support ends on a specific date;
- If a court order states that child support payments will continues based on certain circumstances and refers to the child’s twenty-third birthday; or
- In all other cases, child support will stop when the youngest child reaches the age of twenty-one.
- If the order is from another state, Massachusetts will stop collecting child support based on that state’s law.
If there is a disagreement about the ending date for child support, the parties can go to the family and probate court and ask for a new court order clarifying the end date.
Process for Establishing a Child Support Order
The process for establishing a child support order in Massachusetts typically begins when one parent files a complaint for child support in the probate and family court, which may also involve issues about parenting time. The court will schedule a hearing where both parents can present their financial information, including weekly income and any other relevant information. During the hearing, the judge will consider the Massachusetts child support guidelines, the child support calculations, and the specific circumstances of the family. After evaluating the information, the judge will issue a child support order.
Modification of Child Support Orders
To modify an existing child support order in Massachusetts, a parent must demonstrate a material change in circumstances that affects their ability to pay or the needs of the child. Common reasons for child support modifications include loss of employment, change in physical custody or change in parenting time, significant incomes changes or changes in the child’s needs. The parent seeking the modification must file a motion with the court, providing evidence of the change in circumstances. The court will then review the case and determine whether to adjust the support amount based on the updated financial information and the child support guidelines. Modifications to child support can be temporary or permanent, it will depend on the facts of the case.
Child support payments do not automatically stop when you are incarcerated, or you are no longer employed. The payments will continue to accumulate in the court ordered amount.
Enforcement of Child Support Payments in Massachusetts
If a parent fails to make payments as orders and does not fulfil their child support obligation, the other parent can file a complaint for contempt with the court which can compel the non-compliant parent to fulfill their support obligations. Additionally, the Massachusetts Department of Revenue (DOR) has an Office of Child Support Enforcement that can assist in collecting overdue payments for paying child support. They may use wage garnishment, intercept tax refunds, or suspend professional licenses.
Impact of Alimony on Child Support Payments
Both alimony and child support are determined based on the financial circumstances of the parties. The Cavanagh decision in Massachusetts indicates the importance of evaluating the tax implications of both alimony and child support. When calculating alimony and child support in a divorce proceeding, judges must consider both incomes of the parties simultaneously, meaning that they cannot calculate child support first and then only award alimony if there is remaining income left over.
Help with Child Support
If you need help understanding Massachusetts child support guidelines and your rights then consider reaching out to us and consulting with one of our child support attorneys. We berg Law takes pride in providing sound legal advice on complex family law and divorce issues.