Child Support in Massachusetts

Information regarding child support laws, modification and enforcement in Massachusetts.

This article provides information on how child support is calculated in Massachusetts. If you have questions about child support, you should contact an experienced family law attorney in your area.

Both Parents Must Support the Child

In Massachusetts, both parents have a duty to support their child. Typically, however, only the noncustodial parent makes child support payments. The  noncustodial parent  is the parent who lives outside the child’s primary home. The  custodial parent, who has primary care of the child, remains responsible for child support too, but the law assumes that this parent spends the required amount directly on the child.

The amount of support depends on a set of factors that make up the  child support guidelines. Parents can agree to pay more than the guideline amount with court approval, but rarely less. In any case, a court can deviate from the guidelines, meaning, adjust the amount of support either up or down if a judge determines that it is in the child’s best interest to do so.

How to Calculate Child Support Payments

The Massachusetts Courts provide a  child support guidelines worksheet  and  instructions  to help you estimate your fair share of child support. You will also need to enter an amount from the  child support guidelines chart, which is a fee schedule based on the parents’ combined income.

The worksheet requires the available weekly incomes of both parents to determine a baseline of support, which is split proportionally between the parents based on their respective incomes. To this amount, parents must also cover the child’s health insurance and educational costs. A court may also order payment for extra curricular activities like summer camp or private school if it is in the child’s best interest and the parents can afford it.

Available income is gross income minus deductions for childcare costs, health, vision, and dental insurance costs, and any support paid to a former spouse or child not covered by the current request.

Gross income is income from almost every source. For a list of what to include and what you can leave out, see pages three through five of the  child support guidelines. Notice that unreported income, or money made “under the table,” is also included. Even if it is impossible to know the exact amount of unreported income, a court can impute a reasonable amount. Also, a parent can’t avoid child support payments by failing to work. In that case, a court may assign a potential income that this parent should be making.

Parenting Time

The guidelines use different calculations depending on how the parents share custody or parenting time. There is a general formula for computing payments, but it's based on an assumption that the child has a primary residence with one parent and spends roughly one-third of the time with the other parent. If parenting time is less than one-third with the non-residential parent, the court may increase the amount of support.

Where the parents share equal time, or close to it, there is a different process. The worksheet must be completed twice – once for each parent as the Recipient – the one who receives support – resulting in two weekly support amounts. The parent with the lower weekly support amount receives the difference of the two results. For example, if Parent A has a weekly support amount of $500 and Parent B’s weekly support amount is $400, then the difference is $100 paid to Parent B.

Where a parent’s minimum amount of time spent with the child is more than one-third, but less than half, then complete the worksheet first with the parent who has the most time (more than 50%) as the Recipient. Then you have to do the calculation again as if the parents shared equal time (as in the paragraph immediately above). The average between the base support (the first calculation) and the second, shared calculation will be the amount paid to the Recipient.

Where parents split custody, meaning, one child lives with Parent A and a second child lives with Parent B, then the calculations are the same as for sharing equal time.

Click here to learn more about child custody in Massachusetts.

Challenging the Amount of Support

Once you have completed the appropriate calculation, the outcome will be an amount of support that the state presumes to be appropriate for your child. Sometimes, however, the total amount or the way it is divided is unfair. Before the order is in place, you can still ask the court to adjust the amount, but you will have to show that it is in the child’s best interest.

Courts consider the following when deciding to adjust support:

  • the parties agreement to a different amount
  • the child’s special needs or aptitudes
  • the child’s extraordinary medical or other expenses
  • the amount necessary for a parent to self support
  • if the paying parent is in jail
  • whether there is gross disparity in the two household’s standard of living
  • a parent’s extraordinary medical expenses
  • a parent’s extraordinary travel or other parenting expenses
  • whether the parent and child can be reunited after a child was temporarily removed from the home due to neglect
  • if application of the guidelines would result in an unjust order
  • a parent’s extraordinary health insurance expenses
  • a parent’s childcare cost if disproportion to their income, and
  • where one parent provides less than one-third of the parenting time.

Modifying the Amount

Once a child support order has been in place for more than three years, you may still be able to change it if any of the following apply:

  • there is an inconsistency between the amount the parents currently pay and what would result from the guidelines
  • the health insurance previously ordered is no longer available, or only at an unreasonable cost, or
  • any other material and substantial change in circumstances, like the loss of a job or birth of a new child, among other events impacting the parent’s ability to pay support.

If it has been less than three years, then a mere inconsistency between the current order and the guidelines, is not enough. The parent requesting the modification must also show a substantial change in circumstances.

Be aware, however, that if a court deviated from the guidelines in making your initial order, the reason for the deviation must still exist and, it must still be in the child’s best interest to maintain the deviation when you request the modification. Otherwise, the usual guidelines amount will result unless it would be unjust or inappropriate for other circumstances.

Also, parents who agree to a change can file a  joint petition for modification of child support judgment. Unless a judge has questions or concerns about this new plan, there will not be a hearing. The court will decide whether to modify the current order purely on the parents’ joint petition (and  supporting documents).

Resources

In addition to the links above, see the  Massachusetts Department of Revenue website  for other tools to establish, modify, or enforce child support. For forms, go to the  Massachusetts Probate and Family Court Department Forms Page. You can also read the law on child support in the  Massachusetts General Laws Section 208-28.

Talk to a Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
FEATURED LISTINGS FROM NOLO
Swipe to view more
CONSIDERING DIVORCE?

Talk to a Divorce attorney.

We've helped 85 clients find attorneys today.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you