There are many individuals who may be ordered to pay child support in Massachusetts, often following a Massachusetts divorce. Typically, child support is made as monthly payments from noncustodial parents to custodial parents because of their financial responsibility as a parent.
If the parent ordered to pay does not do so, their child may not receive the basic support and care that they need. When a paying parent cannot pay the full amount or any amount because of a change in their circumstances, they can consult with a local attorney or a Massachusetts family support division.
Federal laws require that all states have procedures for periodically reviewing and adjusting orders in cases that the agencies handle. Child support agencies will automatically review cases that involve families receiving Temporary Assistance for Needy Families (TANF) one time every three years.
If a case does not involve TANF, the agency will provide notice to the parent or the child’s custodial that they can request a review of their order once every three years. Either parent is able to request a review of the order if there was a material and substantial change in their circumstances.
A child support agency can handle case reviews in different manners when they work with parents and custodians, such as:
- A review and adjustment of the child support order following the child support guidelines if the amount that is in the order is different from the amount that would be ordered under the guidelines
- Using the child support calculation formula used in the order, applying a cost of living adjustment
- Utilization of an automated method
- This can include an automated comparison to state income tax data or wage data to:
- identify orders that are eligible for review
- identify orders that are eligible for adjustment
- conduct reviews
- apply adjustments
If a parent requests a reduction in their ordered payment amount, they will need to show that there has been a material change in their circumstances, such as:
- Changes in the child’s needs
- Loss of a job
- Major illness or disability
- Substantial reduction in income
- Incarceration
- Cost of living change
For more information on how to get lower child support payments in Massachusetts, an individual should reach out to a local attorney in Massachusetts.
What Factors Can Lower Child Support?
There are numerous issues that agencies and courts can take under consideration when hey calculate child support, including:
- The amount of a pre-existing support order
- When the parent has to use childcare during a job search or while they work, the net costs of that care
- The cost of providing healthcare coverage for their child
- When a child has extraordinary expenses, such as medical needs or special schooling needs
- These may arise by agreement of the parents or by an order of the court
If a parent wants to find out about lowering their child support in Massachusetts, they should consult with a local attorney for advice and help.
What Is a “Substantial and Material Change”?
Even though an individual’s child support order can be reviewed automatically one time every three years, a parent or other individual associated with the order does not have to wait for this review to request a modification. Either parent may request a review and adjustment of the amount they have to pay if there is a substantial and material change in their circumstances.
Typically, whether or not a substantial and material change has occurred will be measured by whether or not there would be a 15% change from the previous order to the new order. Child support agencies can only review orders when the party who makes the request provides evidence of the change in changes in their circumstances.
All states, including the State of Massachusetts, have their own formulas that they use to calculate the amount of child support, which usually includes evaluating the:
- Parents’ incomes
- Childcare expenses of the custodial parent
- Number of children, whether adopted or biological, that the paying parent has living in their household
- Non-custodial parent’s cost of providing medical insurance for their child
- Additional child support obligations of the paying parent
Any time that a court makes determinations in cases involving children, the child’s best interests standard will be followed.
What Is the Legal Process of Child Support Modification?
Even though the specific steps that will have to be followed to modify a child support order can be different in each jurisdiction, there are certain steps that are usually followed. The amount that the non-custodial parent has to pay will usually be calculated using the Massachusetts child support guidelines.
Massachusetts provides an online worksheet that individuals can use to estimate what they will have to pay or what they will receive. This can also be helpful for determining if the order will be eligible for modification.
If a parent believes their order needs a modification, they can ask for one by requesting a review through a Child Support Enforcement Agency (CSEA) or by filing a motion in court. With a CSEA review, a caseworker will review the case and determine if the order is eligible for modification.
A parent or custodian does not have to be present during the review. If a request is filed in court, the other parent will have to be served.
In addition, both parents may need to appear in court to present evidence of the change in circumstances. Courts are often more flexible than CSEAs when they are considering the situations of each parent when determining if an order should be revised.
When a modification request is handled by an attorney, it will provide a parent with a better chance at obtaining their modification. A parent or custodial who makes child support payments should continue to make payments no matter which method they use to request a review.
If the CSEA or the court finds that a material change has taken place, it will provide an updated child support amount.
When Do I Need to Contact a Lawyer?
If you make child support payments and you have had a change in circumstances, you can reach out to a Massachusetts child support lawyer to determine if your payment amounts can be decreased. Your lawyer will also be able to advise you if there are any other options available in your situation.
Your lawyer can help you submit a request for a reduction in your payments. As discussed previously, it is important that you continue making any order payments until a new amount is provided so you can avoid any additional legal consequences.
An attorney can also help receiving parents whose payments are not sufficient to cover their child’s needs. If you are a receiving parent and the amount you receive does not cover your child’s expenses, your lawyer can help you determine if they can be increased.
LegalMatch’s lawyer matching service provides you with an easy, no cost way to locate an attorney in your area who can help you modify your child support payment amount. Simply submit your question on the LegalMatch website and you will get responses from member attorneys in your area within about 24 hours who can help.
