Child support is the money one parent is legally obligated to pay the other parent to help the recipient support the child. If you’re divorcing and need help determining how much you should receive in child support, or if your ex isn’t paying support as ordered, contact an experienced family law attorney from LaFountain and Wollman, P.C. We have the experience and knowledge to determine the amount of child support your child deserves and will fight hard for what you deserve.
What Is Child Support?
As the name suggests, child support is money one spouse provides to the other for the support and care of a child from their marriage (or a child born out of wedlock). Child support is meant to contribute to the food, clothing, shelter, and healthcare expenses of the child. Under Massachusetts law, parents share a financial duty to support their children. In most cases involving one parent having primary or sole custody, the noncustodial parent – the parent who does not live in the child’s primary home – must make child support payments to the custodial parent, the person with whom the child primarily resides and who is responsible for the majority of the child’s care.
In most circumstances, the noncustodial parent makes child support payments because it is implied that the parent with whom the child lives spends their portion of their support on the child as they provide the child with shelter and pay for their other living expenses.
How Much Child Support Will Be Paid?
The amount of child support a noncustodial parent must pay is based on the Massachusetts Child Support Guidelines. The guidelines outline certain factors the court may consider when calculating the appropriate amount of support, including:
- The type of parenting plan
- The gross income of the parents
- Childcare expenses
- Health insurance costs
- Age of the child
- Any other support obligations
Although some parents may be ordered to pay more than is required under the guidelines, they are rarely permitted to pay less. The judge in your case will order the proper amount of child support if they determine the sum shown in the guidelines is not in the best interests of the child.
How Long Will Child Support Be Paid?
Turning 18 does not automatically terminate a child support order. Instead, Massachusetts law allows payments for support and education for a child over 18 for various reasons, including if the child is still in high school. Even if a child has graduated from high school, child support may continue if the child is still “principally dependent” on one parent, meaning the child still lives with one parent because they’re in school. This can continue if the child goes to college and returns home to the custodial parent’s home during breaks until they are 20.
A court may further order that child support continue between the ages of 21-23, depending on if the child is domiciled in the home of a parent and principally dependent on the parent for maintenance due to the child’s enrollment in an educational program, excluding educational costs beyond an undergraduate degree. Essentially, if the child is enrolled in college full-time, support can continue until they are 23.
Can Child Support Be Modified?
A party must file a Complaint for Modification to change a child support order. The court will examine certain factors when determining whether it is appropriate to modify a child support order, including:
- Inconsistencies between what is paid and the child support guidelines then in effect
- Loss of access to health care coverage
- Previously ordered health coverage is no longer available, or a cost increase causes undue hardship
- Any material and substantial change in circumstances
A skilled and knowledgeable family law attorney can review your circumstances to determine whether your child support payments should be modified. They will determine whether a modification is warranted, gather the necessary evidence to support your claim for modification and prepare your Complaint.
Can One Parent Terminate Support?
No. It can only be terminated by Court order. The parent paying support may file a Complaint for Modification if they wish to terminate support because the child is 18 or older. However, the court will consider specific factors to determine whether support will be terminated, with the primary factor being whether the child is “principally dependent” on a parent. The Massachusetts Child Support Guidelines outline other factors the court may consider, including:
- The child’s living situation
- The child’s academic status
- The custodial parent’s financial situation
- The reasons why the child remains “principally dependent”
- The cost of the child’s education, including each parent’s contribution
- The availability of financial aid for the student
The parent paying child support cannot just choose to stop paying. Unless the child has turned 23, a court order is required before the payor parent can lawfully terminate payments. Unilaterally stopping payments could result in arrearage and penalties or fines or incarceration, so it is imperative to speak with an attorney if you believe your child support obligations should be terminated. Likewise, if your ex-spouse stops paying child support, contact a family law attorney for assistance in pursuing the child support you are owed.
Massachusetts law concerning child support can be difficult to understand, and we realize that you may feel overwhelmed at the prospect of securing child support in the midst of a divorce. You do not have to navigate the Massachusetts legal system alone. With an attorney from LaFountain and Wollman, you can rest assured you have an advocate in your corner who will not only assist in all aspects of your divorce but will aggressively seek the support you need for your child.
Contact a Middlesex County Family Law Attorney Today
At LaFountain and Wollman, we understand the stress and anxiety you may feel when going through the divorce process. We know you may be worried about how you will support yourself and your family. We represent parents who need child support to provide for their children. Call today to speak to a lawyer in a confidential consultation and learn how we can help.