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On August 1, 2013, an updated version of the Massachusetts child support guidelines took effect. The newly revised child support guidelines were developed after extensive research and deliberation by a task force under the auspices of the Office of the Chief Justice of the Trial Court.
Federal law requires that every state issue child support guidelines to determine how much child support should be paid by one parent to the other when they do not live together with their child.
The Massachusetts court applies the guidelines when it sets child support in divorce, separation or modification matters; when support must be calculated for unmarried parents; when the judge reviews settlement agreements to determine whether to approve the parents' agreed-upon child support terms; and in cases of guardianship, public assistance, foster care or placement with relatives.
Deviation from the guidelines may only be ordered in exceptional cases when specific standards are met. A judge ordering child support different from what the formula would require must explain his or her reasons in writing.
Federal law also requires that each state review its child support guidelines at least once every four years. Massachusetts appoints a task force to review current economic evidence about how much it is costing parents in the commonwealth to raise their kids. The 2012 task force that made the new revisions not only looked at how state cost of living had increased since the last review, but also considered public input, opinions of judges and family lawyers, and actual child support cases.
Major modifications
Child support guidelines provide a formula for courts to apply in setting child support amounts, considering parental incomes and the division of parenting time. Guidelines are meant to standardize awards among similarly situated families and to ensure that kids receive the financial support they need from both parents as each can fairly provide.
Some important 2013 changes:-Government-provided, need-based financial benefits like federal Supplemental Security Income, known as SSI, will no longer be counted as income available for child support.-The court will have discretion whether to count as income all, part of no part of money earned from second jobs or overtime work.-Income may only be attributed (counted though not actually earned or earned at a lower level) to a parent who has the skills to work, but is not working at all or not working to his or her potential, when appropriate jobs are available that would pay the attributed wage level.-The guidelines apply to incomes up to a combined $250,000; for higher income levels, the guidelines are applied to the first $250,000 and the judge has discretion whether to consider the additional income.-More specificity is provided to calculate support when parenting time is split in less common time ratios.-The standard for child support obligations for children 18 and older has been clarified.-Additional reasons have been added that justify deviating from the guidelines like exceptionally high health insurance costs and child care expenses "disproportionate to income."-The legal standard to be applied in child support modification has been spelled out to reflect recent commonwealth case law.
Consult an experienced Massachusetts family lawyer
The 2012 task force's report cites 2010 census data that of the 1.4 million kids under 18 in Massachusetts, about one-third live in settings where at least one parent is absent. If you are a parent of one of those kids and face child support issues, talk to a knowledgeable family law attorney to understand how the law applies to you.
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