Child support is designed to provide the custodial parent with the money necessary to raise a child as comfortably as possible. Whether you need help with child support during a divorce or as a result of a paternity action, the lawyers at Davis Law Group can help.
What is Child Support?
Child support refers to the ongoing financial assistance provided by one parent to the other for the care and upbringing of their child or children, typically following a separation or divorce. In Massachusetts, child support is determined based on state guidelines that take into account factors such as the income of both parents, the number of children involved, and specific child-related expenses.
Here are some common expenses that child support typically covers in Massachusetts:
- Basic Necessities: This includes food, clothing, and shelter for the child.
- Educational Expenses: Such as school fees, supplies, and extracurricular activities.
- Medical and Healthcare Costs: Including health insurance premiums and out-of-pocket medical expenses.
- Childcare Costs: Including daycare or babysitting expenses necessary for the child's care.
- Transportation: Costs associated with transporting the child between parents for visitation or other necessary travel related to the child's needs.
- Special Needs: Additional expenses related to the child's special needs, if applicable.
In Massachusetts, child support orders are typically established by the court and are enforceable by law to ensure that both parents contribute financially to their child's upbringing in a fair and equitable manner.
Child Support Guidelines In Boston
In Massachusetts, child support calculations are based on specific guidelines designed to ensure fairness and adequacy in financial support for children following a separation or divorce. The process begins with determining each parent's gross income, which includes wages, bonuses, commissions, and other sources of earnings. From this gross income, certain deductions are made, such as taxes, health insurance premiums, and mandatory retirement contributions, to arrive at the adjusted income.
The Massachusetts Child Support Guidelines provide a formula that considers the combined adjusted income of both parents and the number of children involved. This formula generates a basic child support obligation, which is outlined in a table provided by the guidelines. The calculated amount represents the standard financial contribution expected from both parents toward the care and upbringing of their child or children.
Once the basic child support obligation is determined, it is then allocated between the parents based on their respective incomes. Typically, the non-custodial parent (the parent with whom the child does not primarily reside) pays their share to the custodial parent (the parent with whom the child primarily resides). The allocation takes into account each parent's financial capacity and ensures that the child's needs are met adequately.
In addition to the basic support, parents may also be required to contribute to additional expenses such as childcare, medical expenses not covered by insurance, educational costs, and other specific needs of the child. These additional expenses are considered alongside the basic child support obligation and are typically outlined in the court order specifying the child support arrangement.
While the guidelines provide a standard calculation, courts may consider deviations from the guidelines in certain circumstances. Factors such as high childcare costs, medical needs of the child, or other relevant considerations may warrant adjustments to the child support amount. Ultimately, the final child support determination is formalized in a court order, which specifies the payment amount, frequency, and any additional provisions necessary to ensure the child's financial well-being.
Can Child Support Be Changed?
child support orders can be modified under certain circumstances to reflect changes in the financial or personal situations of the parents or the needs of the child. Here are common scenarios when child support can be modified:
- Substantial Change in Income: If either parent experiences a significant change in income, such as loss of employment, change in salary, or a substantial increase in income, this may warrant a modification of child support. The change must be substantial enough to affect the current child support order significantly.
- Change in Custody or Parenting Time: If there is a change in the custody arrangement or the amount of parenting time each parent has with the child, it can impact the financial responsibilities of each parent. This change may necessitate a modification of the child support order to reflect the new custody arrangement.
- Change in Child's Needs: If there is a change in the child's needs that affects the financial support required, such as medical expenses, educational costs, or other extraordinary expenses, this could justify a modification of child support.
- Cost of Living Adjustment: In some cases, child support orders may include provisions for periodic adjustments based on changes in the cost of living or other economic factors. These adjustments typically require a review of the current financial circumstances of the parents and may result in a modification of the child support amount.
- Agreement Between Parents: If both parents agree to modify the child support amount, they can submit a written agreement to the court for approval. The court will review the agreement to ensure it is in the best interests of the child and meets statutory requirements.
- Emancipation of a Child: When a child reaches the age of emancipation (usually 18 in Massachusetts), child support obligations typically end unless otherwise specified in the court order or agreement. This milestone can prompt a modification or termination of child support.
To initiate a modification of child support in Massachusetts, a parent typically needs to file a complaint for modification with the court that issued the original child support order. It's advisable to seek guidance from a family law attorney to navigate the process effectively and ensure that any modification reflects current circumstances and remains in compliance with state guidelines.
Massachusetts Child Support Payment Attorneys
Our law firm is conveniently located in Quincy, just 12 miles from downtown Boston. We are committed to fair outcomes in child support.
Reach out to us on our contact form or call (617) 752-6216 for legal guidance today.
