Child Support in Massachusetts: Understanding Your Rights and Obligations
Child support is a critical aspect of family law that ensures children receive the financial
resources they need to thrive, regardless of their parents’ relationship status. In Massachusetts,
the courts take child support obligations seriously, using specific guidelines to determine support
amounts and enforce payments. Whether you are the parent paying or receiving support,
understanding the process can help you navigate the legal system more confidently.
1. What Is Child Support?
Child support is a recurring payment made by one parent to another to cover the child’s living
expenses. This can include:
● Basic necessities: Food, shelter, and clothing
● Educational costs: Tuition, school supplies, extracurricular activities
● Healthcare expenses: Insurance premiums, co-pays, and out-of-pocket medical costs
● Childcare: Daycare and babysitter costs if both parents work or attend school
The goal of child support is to maintain the child’s standard of living and ensure their needs are
met, even if the parents are separated or divorced.
2. How Child Support Is Calculated in Massachusetts
Massachusetts uses the Child Support Guidelines to calculate child support amounts. These
guidelines are reviewed and updated periodically by the state. Key factors the court considers
include:
● Gross Income of Both Parents: The court typically looks at pre-tax income from all
sources, including wages, overtime, bonuses, commissions, and self-employment
income.
● Number of Children: More children generally increase the support amount.
● Health Insurance and Childcare Costs: Courts adjust support payments to account for
which parent is responsible for health insurance premiums and childcare expenses.
● Parenting Time Arrangements: If parenting time is shared or if one parent has
significantly less time, it may affect the calculation.
● The Supreme Judicial Court: In the recent past set out the “Cavanaugh Analysis” when
considering cases where child support and alimony are issues. The analysis is usually a
three-part equation that allows judges to award a higher order in some cases.
Example Calculation:
The court will plug each parent’s financial information into a formula outlined by the Child
Support Guidelines worksheet. The resulting figure typically represents the base amount of
support due. However, courts have discretion to deviate from these guidelines if unique
circumstances warrant an adjustment. The deviation can be either up or down.
3. Establishing a Child Support Order
A child support order can be established in various ways, including:
● Divorce Proceedings: Child support is typically determined during a divorce if the
couple has children.
● Paternity Cases: Unmarried parents can seek child support once paternity is
established.
● Modification of an Existing Order: If there’s already an order in place, parents can
request a modification if there’s a significant change in circumstances—such as a job
loss or a substantial increase in income.
Once the court issues a child support order, it is legally binding. Non-compliance can lead to
serious legal and financial consequences, including financial contempt orders and even jail for
non-compliance.
4. Enforcement of Child Support Orders/Contempt
When a parent fails to meet their child support obligations, Massachusetts courts have several
enforcement tools:
1. Income Withholding: The owed child support can be automatically deducted from the
non-paying parent’s wages.
2. Contempt of Court: A parent can file a contempt action, and the court may impose
fines, order payment plans, or, in severe cases, sentence the non-compliant parent to
jail.
3. Interception of Tax Refunds: Federal and state tax refunds can be seized to cover
unpaid child support. This is done through the Department of Revenue.
4. License Suspensions: Driver’s and professional licenses can be suspended by the
DOR until overdue payments are made.
5. Liens on Property: Courts can place liens on real estate or personal property to secure
child support debts.
Because of the potential severity of these measures, it’s crucial for parents facing difficulties in
meeting their obligations to seek legal counsel or request a modification from the court.
5. Modifying a Child Support Order
Child support orders are not set in stone. If there’s a significant change in circumstances, a
parent can request a modification. Common reasons include:
● Loss of Employment or Reduced Income: If the paying parent loses a job or faces a
salary cut, they can request to have the support amount lowered.
● Increase in Income: If the paying parent’s income significantly increases, the receiving
parent can request a higher support amount.
● Changes in Parenting Time: When a parent takes on more or less parenting time, the
court may recalculate support obligations.
● Child’s Needs Change: As children grow, their needs evolve—sometimes requiring
more or less financial support.
To modify an order, you must file a Complaint for Modification in the same court that issued the
original order or reach an agreement. The court will review your request and either grant or
deny the modification based on the best interests of the child.
6. Frequently Asked Questions
Q1: Do I have to go to court to establish child support if we have a verbal agreement?
Yes.
A verbal agreement isn’t legally enforceable. For your protection and your child’s security,
it’s best to formalize any support arrangement through the court system.
Q2: Can child support be waived?
Generally, courts don’t favor waiving child support because the child has a right to be supported
by both parents. Only in extraordinary circumstances will a court consider deviating significantly
from the Guidelines.
Q3: What happens if the paying parent moves out of state?
Massachusetts works with other states to enforce child support orders. The Uniform Interstate
Family Support Act (UIFSA) allows one state’s order to be enforced across state lines.
Q4: Does child support end automatically when my child turns 18?
Not always. In Massachusetts, child support can continue beyond the age of 18 if the child is
enrolled in college or has certain special needs. Generally, support obligations can continue up
to age 23 in certain circumstances.
7. How an Attorney Can Help
Child support cases can become complicated, especially when factoring in complex financial
situations or disputes over parenting time. An experienced family law attorney can:
● Explain Your Rights: Clarify what you are entitled to receive or required to pay under
Massachusetts law.
● Negotiate Agreements: Help parents reach fair agreements outside of court.
● Navigate Court Procedures: Draft and file legal paperwork and represent you at
hearings.
● Seek Modifications: Pursue a modification if significant life changes occur.
● Enforce Orders: File motions and assist with legal remedies to enforce unpaid support.
● Handle the complexities of your often emotionally charged situation so you don’t need
to.
8. Contact TD Law Group for Child Support Matters
Whether you’re seeking a new child support order, modifying an existing one, or enforcing
payments, TD Law Group is here to guide you every step of the way. We understand the
importance of securing your child’s financial future and are committed to helping you navigate
the Massachusetts legal system.
Call us or fill out the form below for a confidential consultation and let us help you find the best path
forward for you and your family.