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.


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