Child Support Is Important To Your Child’s Well-Being
Child support can be a sensitive topic for divorcing or separating parents. Sometimes, a parent may ask, “Why should I pay child support when the other parent is not letting me see my children?” While both parents are responsible for providing financial support for their children, negative emotions often surge into the discussion about money.
Regular child support payments are to ensure your child’s basic needs – such as food, clothing, shelter, medical care and education – are met. The amount of child support payments is subject to Massachusetts’ child support guidelines that apply to all parents, regardless of their income level.
It is helpful to work with an experienced family law attorney to smooth out tumultuous emotions. Attorney Erica M. Foster has more than two decades of experience equipping families with the tools they need to establish paternity (or parentage) and create child-related agreements in the best interests of their children. You can look to her for personalized solutions for your child support concerns.
Understanding Child Support In Massachusetts
In Massachusetts, the noncustodial parent – or the parent not living with the child full-time – pays money to the custodial parent – the parent who the child is living with full-time – to financially support their children upon termination of their relationship. In some cases, there may have been little or no relationship between parents at all.
In cases where the parents share joint custody, the court sees the child as having two custodial parents and there may be no child support payments. However, if one parent’s income is substantially higher, the court may find it in the best interests of the child to order the parent with a higher income to supplement the other parent with child support.
The schedule of child support payment may be part of your divorce, marital separation or determination of parentage, or may supplement your alimony (spousal support) arrangements. Exceptions may apply to your child’s circumstances, so it is vital to speak with an experienced family law attorney.
How Is Child Support Calculated In Massachusetts?
Massachusetts courts use the Child Support Guidelines and a worksheet to calculate child support. The worksheet reviews each parent’s income, parenting schedule and certain child-related costs before the court reaches a guideline amount. It may consider:
- Each parent’s income
- Parenting time and overnights
- Childcare costs
- Health insurance premiums
- Other support orders
- Number of children
These factors help the court measure each parent’s financial role in supporting the child. However, the guideline amount does not control every case. A judge may order a different amount when the facts support a deviation from the guidelines. Because family finances can vary, reviewing the worksheet can help you understand which details may have the greatest effect on your support amount.
How Do Shared Custody And Parenting Time Affect Child Support?
Shared custody can change child support, but it does not automatically eliminate support. Massachusetts guidelines consider the parenting schedule together with each parent’s income and the costs connected with raising the child.
For example, one parent may still pay support even when both parents have substantial parenting time. A large income difference can affect the calculation, especially when one parent has more resources available for the child. The court may also consider certain costs that each parent pays. If you share parenting time, the worksheet can show how your schedule and financial circumstances may influence the final amount.
What Happens If Child Support Is Not Paid In Massachusetts?
When a parent misses required child support payments, the unpaid balance becomes past-due support, often called arrears. Massachusetts Child Support Services may use enforcement measures to collect that debt and encourage future payment.
Depending on the case, those measures can include income withholding, bank levies, tax refund interception and certain license actions. Interest and penalties may also apply when the account meets state requirements. As arrears increase, these added consequences can make the debt harder to resolve.
If the other parent owes you support, enforcement may help you recover unpaid amounts. If you pay support and your financial circumstances change, simply stopping payment does not change the existing order. You may need to ask the court for a modification so the order reflects your current situation.
Contact A Child Support Attorney You Can Trust
Attorney Erica M. Foster can help you establish child support payments, modify or enforce a child support order, or collect past due child support payments. She can also help you with establishing parentage or paternity.
Contact the Law Office of Erica M. Foster for trusted child support legal services in Massachusetts. Contact Erica today for a free initial consultation. Call her office in Danvers at 978-605-4105 or fill out the online form.