Child support is not just about one parent paying the other – it’s about two parents sharing the financial responsibility of raising their child after divorce or separation. The family court in Massachusetts carefully determines whether child support should be granted to a requesting parent, and how much. This is a complex matter that requires thorough documentation and negotiation, and each parent would be wise to have a lawyer on their side.
In the Greater Boston area, the Family Law attorneys at Goldman Law, LLC are top-rated in cases like this. Call us if you are:
- Seeking child support
- Challenging the child support claim
- In need of child support enforcement, OR
- Hoping to modify an existing support order
Speak to a client-trusted attorney from Goldman Law. Call us today at (617) 668-1718.
Essential Things to Know About Massachusetts Child Support
In Massachusetts, one parent typically gets physical custody of the child, and the other parent has to contribute to child-rearing by paying child support. The court will then determine the amount of support to be paid, primarily using the Massachusetts Child Support Guidelines for calculation. If certain adjustments are appropriate, the court has discretion to deviate from the guidelines as long as it’s in the child’s best interests.
Many people assume that a high-income parent automatically pays bigger child support. This isn’t necessarily true, because Massachusetts takes into account both parents’ income and expenses, as well as many other factors. We’ll discuss more about child support computation in the next section.
How is Child Support Calculated in Massachusetts?
The Massachusetts Probate & Family Court uses the Child Support Guidelines to decide on child support matters. In determining the support award, the Guidelines take into account many factors including:
- The income of both parents
- Parenting time of each parent (how much time the child spends with them)
- Child care costs of each parent
- How child support will relate to alimony or separate maintenance payments
- Each parent’s existing support obligations to children outside of the case, if any
- Each parent’s healthcare insurance
- Any routine out-of-pocket medical expenses
- Any extraordinary out-of-pocket medical expenses.
The court provides a child support worksheet, which is an intricate calculator based on the Child Support Guidelines. Parents can fill out this worksheet and it will calculate a presumed amount of support.
Note that this isn’t the final amount that the court will award as the judge still has discretion to make adjustments. For example, if the court finds that one parent intentionally lied about their income to reduce their potential support obligation, the judge can assign that parent a higher income to recalibrate the support amount. In some other cases, the parents themselves agree on a higher support amount than the worksheet calculation, and have the judge approve it.
How Do I Challenge the Child Support Amount?
If you find that the worksheet calculation has resulted in an unfair child support amount, you have the opportunity to challenge it. As mentioned above, the court can make adjustments to this presumed amount. However, you’ll need to show that the adjustment is for the best interests of your child. The court may consider your argument if you have a solid reason such as:
- The child has special needs or extraordinary medical expenses.
- There is a substantial difference in the parents’ standards of living.
- One parent’s childcare cost is unfair or disproportionate to their income.
- One parent has extraordinary medical needs.
- Both parents agree that the child deserves greater support.
If you have a unique situation that should be considered in calculating child support, get the help of a competent lawyer. Call us at Goldman Law, as our Family Law attorneys are experienced in complex child support cases.
What If the Paying Parent Fails to Pay Child Support?
Once the court has given a child support order, both parents must comply with it. If the paying parent refuses to send payments or keeps missing their monthly obligation, the receiving parent may ask authorities for “child support enforcement”.
In Massachusetts, the Child Support Enforcement (CSE) office is within the Department of Revenue. They can use various powerful methods to enforce or collect past-due payments, such as:
- Sending out a Notice of Child Support Delinquency, alerting parents of their arrears and interest
- Having the paying parent’s employer withhold their wages
- Taking a portion of the paying parent’s income
- Setting up liens on the paying parent’s property
- Taking a portion of the paying parent’s bank accounts
- Taking a portion of the paying parent’s unemployment benefits, worker’s compensation benefits, insurance payouts, public pension, and the like
- Suspending the paying parent’s driver’s license.
If you are a receiving parent who has not received monthly support, it’s best to address the issue through the proper authorities. Avoid confronting the other parent on your own, as this could only damage your claim.
On the other hand, if you are a child support payor who has missed payments, contact a lawyer immediately. It’s crucial not to let your arrears accumulate and to take legal steps to ease your situation. A skilled lawyer from Goldman Law can help.
Can I Change an Existing Child Support Order?
Yes – in Massachusetts, it is possible to modify a child support order once it has been in effect for three years. But before the court approves any modification, you’ll have to prove that one of the following applies:
- The support amount would be different if recalculated using present-day standards.
- Health insurance costs have changed, or it was previously not available but is available now.
- There has been a substantial change in your circumstances – for example, one parent lost their job, or one parent got a substantial raise.
When pursuing child support modification, an experienced lawyer can greatly help you prove your grounds and get the court’s approval.
Goldman Law Handles Child Support in Various Situations
Our attorneys have competently handled a wide variety of traditional and non-traditional family situations, including:
- Child support in a divorce case
- Child support between unmarried parents
- Child support and paternity
- Child support in relation to low incomes
- Child support modification
- Child support enforcement
- Protecting assets from enforcement
- And more.
Contact Goldman Law – Top-rated Child Support Lawyers in Boston
Goldman Law, LLC is located in Newton, MA and serves Middlesex County, Suffolk County and all of the Greater Boston Massachusetts area. Call us at (617) 668-1718.
