Massachusetts Child Support Guidelines

When parents divorce, separate, or otherwise end a relationship, they must make tough decisions that can include child custody and child support. The hope is that the parents can negotiate an equitable child support contract on their own. Unfortunately, that isn’t always the case.

In most instances, the parties must go to court to determine whether either parent must make child support payments and, if so, how much these payments should be. The Massachusetts family courts rely on the state child support guidelines to determine this.

While there are exceptions to every rule, the courts use the child support guidelines worksheets to calculate support. Once they determine the amount of child support, they enter it into a child support order.

This article examines how Massachusetts child support guidelines work. It also explains the factors courts consider when determining child support obligations. Contact a local family law attorney if you still have questions about your child support case.

Factors the Courts Consider When Calculating Child Support

While the courts rely heavily on the Massachusetts Child Support Guidelines, judges also consider other factors. For example, if the noncustodial parent (NCP) will pay child care and health insurance costs, they may pay less in other monthly child support needs.

Some of the factors the family law judge will take into account when determining child support include:

  • Parenting time (the number of overnights each parent has with the children)
  • Whether the parties are receiving/paying alimony
  • Gross weekly income of the parties
  • Payor’s available income
  • The parties’ education and employment opportunities
  • Self-employment income and taxes
  • Each parent’s combined income
  • Any dependency benefits the parents receive each month
  • Which party is paying for healthcare coverage for the other parent

Once the court has the above information, it will enter it into the Massachusetts child support calculator to determine the guideline amount. Federal law dictates that the courts must presume this amount is correct unless the parties demonstrate a substantial hardship or unique circumstances.

How To Request Child Support in Massachusetts

There are several ways to request child support in Massachusetts. Parents can make an agreement, ask a judge to approve it, and convert it into a court order in a civil case, such as a Massachusetts divorce or other family law proceeding.

While this is ideal, most child support cases begin with an Application for Full Child Support Services. The parent requesting support must submit the court forms to the local Department of Revenue (DOR) office.

The DOR helps parents in several ways, including:

  • Locating the noncustodial parent
  • Establishing paternity for children born outside of marriage
  • Creating child support obligations
  • Collecting and distributing support
  • Enforcing support obligations

Calculation of Support

In most cases, the family court determines the child support amounts. A judge calculates child support using guidelines set by the state. However, the court may also consider the following:

  • Each parent's income
  • Daycare expenses
  • The cost of medical insurance
  • Any social security benefits the child may be receiving
  • The children's living arrangements

Massachusetts Child Support Calculation: Summary

The following table highlights the main provisions of Massachusetts child support laws. For additional information, FindLaw's articles on child custody lawchild support modifications, and child support enforcement can be a big help.

Who Is Responsible for Paying Child Support in Massachusetts?

Both parents (M.G.L.A. 17-119A.3a)

How Does a Massachusetts Court Calculate Child Support?

The court considers several factors, including the number of children, the parents' gross weekly income, health care, daycare, and other obligations.

What Does a Massachusetts Court Include in a Child Support Order?

  • Monetary support (food, clothing, & shelter)
  • Health insurance
  • Basic education expenses
  • Childcare costs
  • Extraordinary medical expenses
  • Visitation travel costs
  • Extracurricular activities

When Do Child Support Payments End in Massachusetts?

  • In basic terms, child support in Massachusetts stops when the child turns 18 (M.G.L.A. 208 § 28). However, in some cases, child support may continue beyond this age. Some of these situations include:
  • The child is still principally dependent on the custodial parent. (the child is no longer chiefly dependent if they've left the home, work full time, are married, or are in the military)
  • The child is in a full-time undergraduate college program (child support does not continue if the child decides to secure a post-secondary education)
  • The child is disabled and the subject of guardianship

Local Massachusetts Child Support Offices

Massachusetts Department of Revenue (DOR) Child Support Enforcement Division (800-332-2733)

 

Disclaimer: State law is subject to change. While FindLaw strives to provide the most current information, speak with a family law attorney or conduct legal research to confirm your Massachusetts laws.

Still Have Questions? Speak With a Massachusetts Child Support Lawyer

Massachusetts child support laws can be complicated. With so much at stake, it may be a good idea to consult an experienced Massachusetts child support attorney if you have questions about your situation. They'll examine your situation, determine the child's needs, and make sure you're fairly treated.

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