Child support is one of the most important financial obligations that comes with being a parent, particularly in cases where parents are separated or divorced. It is designed to ensure that both parents contribute to the upbringing and well-being of their children, even if they are not together. However, there can be trouble receiving child support–particularly if there is tension between the former couple–that can harm a child who is dependent on that support. A Westborough child support attorney can help your child get the child support that he or she deserves.

What Is Child Support?

Massachusetts law requires both parents to contribute to their child’s support and care. Child support is a financial obligation that one parent pays to the other to help cover the expenses associated with raising a child. It usually covers essential needs like food, clothing, housing, healthcare, and education. In short, it helps ensure that a child’s basic needs are met. Some parents are surprised to learn that child support can cover things such as private school or college tuition, entertainment, travel, and extracurricular activities, as these are not basic necessities. Each case is different, and determinations will be made by looking at the unique factors in each case.

In cases where parties share joint custody, the party with the higher income after allowable expenses will typically make the child support payments. If a custodial parent has been assigned, the non-custodial parent will make the child support payment. While both parents must take care of the child, it is assumed that the person with whom the child resides contributes their portion of support to the living expenses that they pay for the child.

Calculating Child Support

Child support is calculated based on factors such as the parents’ income, the child’s needs, obligations to other children outside of the relationship, and the custody arrangements. The goal is to ensure the child’s well-being and maintain their standard of living after a separation or divorce.

Massachusetts calculates child support by using a formula to determine how much each parent should contribute to their children’s needs. Children with significant medical needs, infants, and young children generally have greater expenses. Sometimes, the formula can be adjusted, but child support is usually calculated using a worksheet called the Child Support Guidelines. It looks at both parents’ gross weekly income, including things like self-employment, Social Security income, and tips. Then, weekly expenses like child care, health insurance, or support for other kids are subtracted from each parent’s total.

It is common to submit multiple copies of the child support guidelines worksheet to the court or the opposing party and their attorney that cover different scenarios. Adjustments can cover the amount of parenting time the non-custodial parent gets, account for a change in primary physical custody, and even variable income scenarios where one parent is reliant on inconsistent bonus or commission income.

Generally, the court will follow the guidelines, but it is within the judge’s discretion to modify the amount, taking into consideration the best interests of the child. A judge will consider things such as the lifestyle that the child is accustomed to having. Additionally, parents can always agree to pay more for child support than the amount set out by the guidelines. However, they will rarely be able to pay less.

How Will I Receive Child Support?

The most common method is direct payments to the Department of Revenue by the payor, which will then be dispersed to the recipient.

One thing to note: child support payments are not taxable for the recipient under both state and federal tax laws. Additionally, child support payments are not deductive to the payor.

My Child’s Needs Have Changed. Can We Change the Order?

Child support order modifications can be requested every three years. However, compelling circumstances can potentially lead to a request being granted sooner. For instance, if you become disabled and cannot work for a period of time and are unable to pay for your child, you may get a modification.

In order to get a modification of the previous order, you need to provide evidence of how the previous order is insufficient or overly burdensome. You could argue that the previous payment does not meet the child’s needs. For instance, an older child may have increased associated expenses, or a child may develop a mental or physical health condition that is costly.

It is important to keep track of expenses. This provides proof that the current payment is no longer meeting needs. While tedious to file, relying on memory is not only a bad idea, but it does not provide the type of documentation you will need to present in court. Keep receipts and log expenses on your computer or phone.

I’m Not Receiving the Child Support that Was Ordered

Child support orders are legally binding. The Department of Revenue tracks payments and can assess penalties or interest for missed payments. Delinquent payors can also face consequences such as a suspended driver’s license, a lien on their bank accounts, or even jail.

In the event that the paying parent is supposed to make direct payments to the recipient parent and is in arrears, the recipient parent can file a complaint for contempt or seek other remedy through the department of revenue. When a parent ordered to pay child support falls into arrears, they will then have to cover the back pay of child support plus any interest and penalties that may be assessed by the department of revenue for non-payment.

How Long Does Child Support Last?

Many people assume that once a child turns 18, they are no longer required to pay child support. In Massachusetts, this is not the case. Turning 18 does not automatically terminate a child support order. A parent may need to continue paying child support for a child over 18 if the child is still in high school. If the child is 18 and still in high school, Massachusetts law treats the child as a minor for child support purposes. It is also possible that child support can continue once the child graduates from high school if the court determines that the child is “principally dependent” on one parent. This means if the child still lives with a parent and relies on them for their care and well-being. This typically applies to children aged 18-20. Your support might actually continue up until the child’s 23rd birthday, depending on the court’s order and whether or not the child is enrolled in college.

Contact a Westborough Child Support Attorney

Child support is an essential part of ensuring that children’s needs are met after parents separate or divorce. While it can sometimes lead to disputes, the system is designed to prioritize the child’s well-being. Child support is there to help the child, so if you feel that your child’s needs are not being met–either due to not receiving child support or not receiving enough child support–it is time to contact a Westborough child support attorney. Contact our office today.