Massachusetts Child Support Payments

When parents divorce or separate, they must decide on important issues like child custody and child support. In a perfect world, they’ll be able to do this without the help of the courts. Sadly, many couples need a judge to determine which parent will pay support and how much child support they’ll pay.

Parents have the option of negotiating child support payments between themselves. For example, the non-custodial parent (NCP) may agree to deposit child support into the other parent’s bank account on a particular day each month.

In other cases, parents rely on the courts to collect and deposit child support obligations. In Massachusetts, the Department of Revenue (DOR) collects child support directly or through income withholding by deducting money from the other parent’s paycheck.

A child support order must be in place before a parent receives child support payments. This article explains how to get the court order and shows how child support payments work in Massachusetts.

If you still have questions about your child support case, refer to the FindLaw resources at the end of this section or contact a Massachusetts family law attorney for help.

Filing a Complaint

To get child support payments in Massachusetts, you must first file a complaint with the court. The specifics depend on whether you’re married to the other parent.

Married to the Co-Parent

If you’re married and going through a divorce, you’ll file your child support complaint in the county where you last lived with your spouse. If you have both moved, you can file in the county where either currently lives.

Not Married to the Co-Parent

You must establish paternity before you can receive child support payments. Massachusetts’ child support services can help you do this.

• If you cannot establish paternity, you must file a Complaint to Establish Paternity in the child’s county
• If you have established paternity, you’ll file a Complaint for Support, Custody, and Visitation instead

How Massachusetts Courts Calculate the Amount of Child Support

If you and your ex-spouse or partner agree on an amount of child support, you won’t have to rely on a judge to make this determination. You will still need a court order, as it offers recourse if the paying parent fails to make their payments on time.

The family courts rely on the Massachusetts Child Support Guidelines when calculating child support. The court clerk enters both parents’ financial information into the child support guidelines worksheet, and the court’s child support calculator provides the judge with a presumptive child support amount.

Unless either parent can demonstrate why the judge should deviate from the child support guidelines amount, the judge will issue a court order specifying how much the NCP must pay.

Information the Massachusetts Child Support Guidelines Consider

Every state has a set of child support guidelines that help the courts calculate child support. These guidelines consider the parents’ income and expenses associated with caring for minor children.

Some of the information the child support guidelines worksheet contains includes the following:

• Number of children
• Parenting time (how many overnights each parent has with the children)
• Physical custody (which parent has primary custody and which is the NCP)
• Which parent’s home the child lives in for the majority of the time
• Each parent’s gross income
• Whether either parent pays or receives alimony/spousal support
• Any supplemental benefits such as disability or social security benefits

The guidelines are an objective way to ensure that the court protects the child’s well-being. The primary concern of the family courts is the child’s best interests.

Overview of the Massachusetts Child Support Laws at a Glance

Written statutes are often stuffed with dense legalese. The chart below recaps the Massachusetts child support payment laws and information in plain language.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a family law attorney or conduct legal research to verify your state laws.

Massachusetts Child Support Payment: Related Resources

• Massachusetts Family Laws
• Massachusetts Child Custody Laws

Need Help With Child Support Payments in Massachusetts? Contact an Attorney

Managing child support payments can be tricky, and waiting for an overdue one is even worse. If you have any problems making or receiving child support payments or have other child support issues, consider contacting a Massachusetts child support attorney for legal advice.