The Massachusetts Government Website provides information on how to fill out a child support application. Below are some reasons to file a child support application:
- You need the Department of Revenue to start working on a new case to establish parentage and add their name to the child’s birth certificate;
- You want the Department of Revenue to receive, modify, or enforce a child support order;
- You have a case where they are collecting child support by income withholding, but you require full enforcement services;
- You and the other parent in your case have another child in addition to the children in your current case, and you want services to obtain child support for that child.
- You already have a case, but you have a child with a different parent and require services for that child; and
- You previously closed a child support case and want to re-open it.
After you submit your application, the next step in our process will be to create a case and send a letter to you and the other parent explaining the steps we will take on your case.
Determining a child support order in Massachusetts can be challenging, especially if one parent resides out of state. There are a few methods to calculate who will receive child support in Massachusetts, but the most common method is utilizing the Massachusetts Child Support Guidelines.
Additionally, these guidelines consider both parents’ incomes and the child’s needs when determining the amount of child support that should be paid. The court will decide on a support amount based on the children’s ages and the parent’s earnings.
Furthermore, the Child Support Enforcement division, or CSE, assists families in receiving the child support they are owed. They have services to help locate absent parents, establish paternity, and collect and distribute payments. They also provide resources and information on child support guidelines and financial responsibilities. Their main priority is to enforce the state law.
How do I Calculate Massachusetts Child Support?
The Department of Revenue in Massachusetts guidelines consider the needs of the child and both parents’ incomes to determine the acceptable amount of child support. When deciding on child support, the court will further consider other factors, such as the children’s ages and the parent’s earning.
The fastest way to estimate child support is by utilizing the child support calculator on their website. The non-custodial parent to the custodial parent generally pays child support in Massachusetts. In cases where both parents share custody, the Department of Revenue guidelines will mandate that the higher earner pay child support to the lower earner. But, this can shift depending on who is the child’s caretaker.
Also, Massachusetts law provides for circumstances in which one parent is completely absent from the child’s life. The other parent will be mandated to pay child support in these scenarios.
Keep in mind that the guidelines are subject to change at any time. It is recommended to consult with local legal services before making any decisions regarding your child support order. Massachusetts courts have a great deal of discretion on parents who pay child support, and the amount ordered by the court may significantly differ from the amount calculated using the guidelines. Child support’s main purpose is to ensure both parents contribute financially to their children’s care after they separate.
Similarly to all U.S. states, Massachusetts uses a formula to determine how much each parent should contribute, and the result serves as a guideline for the judge who issues the child support order. For an average family, the Massachusetts formula produces the highest payment in the country, according to a 2019 study by Custody X Change. When a parent in the Bay State would pay $1,200 a month in child support, a parent in the same scenario elsewhere may pay a third.
Furthermore, a judge can sway away from the formula under certain circumstances, such as when a child has special needs or parents decide to an alternate amount. In Massachusetts, the parent with less parenting time usually pays child support monthly, though a judge can order weekly payments. If parents have nearly equal time with the children and contribute financially, the parent with the higher income pays.
To estimate your payment in your state, check the local county government websites for the child support calculator. Fill out the Child Support Guidelines Worksheet to calculate your guideline support amount exactly. You must enter the number of eligible children you have together, each parent’s portion of parenting time, and their gross weekly income. Additionally, eligible children are generally under 18 or still in high school. However, support may continue to age 23 if the child still resides with a parent and is financially dependent on them or until 23 if the same situations apply and the child is pursuing an undergraduate degree.
The gross weekly income is earned from work, tips, and other sources before taxes. Costs for child care, health insurance, and other support payments then get subtracted from each parent’s total. For instance, if a parent has a weekly gross income of less than $250, the support guidelines recommend paying between $12 and $20 monthly in child support. A judge can order a lower or higher payment if they believe it would better fit the circumstances.
How Can I Modify A Child Support Order?
You can request a child support modification every three years. You must demonstrate to the court that your payment differs from the current guideline amount, you have lost or can no longer afford health insurance for the children, or a major alteration in the circumstances has occurred, such as unemployment or a change in parenting time.
Furthermore, if you request a modification before three years have passed, you must prove that a major change in circumstances is impacting your ability to pay. If a parent misses child support payments, the Department of Revenue can automatically take actions like suspending their driver’s license or placing a lien on their bank account. When a parent consistently fails to pay support, you may need to bring a contempt of court case against the other parent to have a judge enforce child support orders.
A child support order is a legal obligation, and not paying it on time can cause serious repercussions. Working with a lawyer is crucial to ensuring that your case is handled in a proper way, so that your rights are protected throughout the process. Most importantly, an attorney can ensure that the child’s best interests are served and that the child or children receive the most favorable result for their situation.
When Do I Need to Contact a Lawyer?
If you reside in Massachusetts and have child support issues, do not hesitate to contact your local Massachusetts child support attorney in your area to assist you in your family law case. Your attorney can represent and guide you throughout the process. Also, if there are updates to the law, your attorney can keep you informed of your legal rights and options. Finally, your lawyer can answer any questions or inquiries that you might have along the way during the process.
