We have compiled a list of questions we hear regularly from our clients regarding child support and have provided the answers below.
Child support payments in Massachusetts are based on each of your respective incomes, a percentage of total income in the home that can provide for necessities of life. The Massachusetts Child Support Guidelines do provide for deductions such as health insurance, dental insurance, other support orders to other children as well as day care costs.
In Massachusetts, child support is treated separately from contributions toward college expenses. The parenting plan also factors into what the final guideline will be. The party who has the children more is entitled to a greater proportional share when the calculation is figured. If two parties have joint physical custody and make the same amount of money, there will likely be no child support ordered.
Any material change of circumstance, such as a loss of income as the result of a job loss, injury or illness, or termination of employment because of a reduction in work force will be a reason to request a support modification. If you were to quit your job, that not be considered a material change in circumstances. Also, you should be aware that if you were to receive unemployment benefits, that would be considered income for child support purposes.
Even though you may not be working, there are other sources of income that the court may look to for a child support order. These could include workers’ compensation, fellowship or grant, annuity payment or pension payments. Benefit amounts from unemployment checks, Social Security Disability, VA or retirement benefits will also qualify as income for child support purposes. If you are not working and have no income and are not disabled, the court may order you to perform and job search and keep a log of the various positions that you apply for, given your qualifications.
As your attorneys, we can file with the court a “complaint for contempt,” which compels the noncustodial parent to pay what’s owed or face serious consequences. You may also be entitled to request attorney’s costs if the court makes a finding of contempt.
Child support is typically paid through a child’s 18th birthday. However, there are certain circumstances that may result in the court determining that a child is not emancipated for child support purposes and it can extend until age 21. If that happens, it is calculated at a reduced rate. This generally occurs when the child is still enrolled full time in college.
Provided the agreement is fair and reasonable and there is a good reason behind your reason to deviate from what the guideline amount is, the court will usually accept your agreement and make it an order.
Child support issues aren’t just financial; they can be very emotional ones, too. That’s why it’s essential to heed the advice of a skilled Massachusetts family law attorney, who can offer experienced, objective guidance to help you obtain a fair outcome for your situation. An attorney can help ensure that the guidelines are being calculated correctly and the financial information is being provided to the court in a complete manner. Life events can change any set of circumstances and force us to adapt to new challenges. We are accessible to answer questions that address a wide range of concerns as part of our working relationship.
Yes. Either parent may apply to the Massachusetts Department of Revenue Child Support Enforcement DOR/CSE for services to:
Enforce and collect an existing child support order;
Establish paternity for a child under 18 years of age;
Get a child support order for a child under 18 years of age;
Modify a child support order for a child under 18 years of age; and/or
Enforce past-due support owed under a court order for child support
If you apply for DOR/CSE services, both you and the other parent will become their “customers”.
Depending on your circumstances and the amount of information you provide, DOR may be able to help you:
Locate the other parent;
Establish paternity if your child was born out of wedlock (you were not married to the other parent when the child was born);
Arrange for paternity testing for both parents and the child;
Establish a child support order, including an order for medical insurance coverage;
Establish and enforce a medical insurance order;
Collect child support payments and send them to the custodial parent;
Review your child support order for potential modification; and/or
Enforce a child support order
To apply directly with the Massachusetts DOR for child support services, click here.
Child support in Massachusetts is calculated using the Massachusetts Child Support Guidelines.
The Massachusetts Child Support Guidelines are the legal guidelines published by the Probate and Family Court Massachusetts Court System every four years which defines income standards, outlines factors considered in setting the amount of child support, and various grounds for a deviation/modification.
Judges use the Child Support Guidelines Worksheet to figure out how much child support to order, but they have the discretion to deviate up or down from the guideline amount if they have a good reason to.
The 2021 Child Support Guidelines worksheet can be found here.
Child support in Pennsylvania is calculated using the Pennsylvania Child Support Guidelines. The amount is based on the parents’ combined monthly net income, the number of children, and adjustments for health insurance, child care, and other expenses. A standardized chart is used, but judges may deviate if there is a good reason (e.g., special needs of the child, extraordinary medical expenses).
Yes. If you experience a substantial and continuing change in circumstances, such as job loss or illness, you can file a petition to modify your child support order. You must act promptly; payments continue to accrue until a modification is granted.
Even without wages, the court can consider other sources of income, such as unemployment compensation, workers’ compensation, Social Security benefits, retirement income, or other recurring payments. If you are able-bodied but unemployed, the court may impute income based on your earning capacity and require you to seek work.
You may file for contempt of court through Pennsylvania’s Domestic Relations Section. The court can enforce payment by garnishing wages, seizing tax refunds, suspending licenses, and even jail time for persistent non-payment.
Support is generally paid until the child turns 18 or graduates from high school, whichever is later. Unlike some states, Pennsylvania does not require parents to pay college expenses unless there is a written agreement.
Parents can agree to a child support amount, but the court must approve the agreement to ensure it serves the best interests of the child and complies with guidelines.
An attorney ensures your income is accurately calculated, helps with enforcement or modification petitions, and protects your rights in complicated cases. Child support can significantly affect your financial stability, and errors in calculation are common.
Yes. You can apply through Pennsylvania Child Support Program (PACSES) to:
Pennsylvania judges follow the PA Support Guidelines, which are updated regularly. A chart sets presumptive amounts based on parents’ combined income and number of children. Judges can adjust amounts for good cause.
New York uses the Child Support Standards Act (CSSA) formula. Support is based on combined parental income and a percentage depending on the number of children:
Adjustments are made for health insurance, child care, and other expenses.
Yes. A substantial change in circumstances or a 15% change in either parent’s income allows you to seek a modification. You must file a petition to have payments reduced; unpaid support continues to accrue until the order is changed.
New York courts can impute income if they believe you are voluntarily unemployed or underemployed. Unemployment, Social Security, or other benefits count as income. You may also be ordered to seek work actively.
The other parent may file for enforcement. Penalties include wage garnishment, property liens, driver’s license suspension, passport denial, or incarceration for nonpayment.
Support is paid until the child turns 21 unless the child is emancipated earlier (through marriage, military service, or self-support).
Yes, but the court must approve your agreement, and it must meet CSSA standards or explain in detail why it deviates.
Child support issues in New York involve complex calculations and strict enforcement rules. A lawyer ensures accurate calculations, protects against imputed income claims, and helps in enforcement or modification cases.
Yes. The New York Child Support Program can:
The CSSA formula provides a presumptive amount, and judges may adjust for high-income cases or special needs. You can use the NY Child Support Calculator online to estimate payments.
