There are multiple factors that a judge uses to determine child support orders for a parent in Massachusetts. First the judge will use the Child Support Guidelines Worksheet provided by the parties lawyers to make a ballpark determination as to the amount of child support that one party must pay to the other on a weekly basis. Next, the judge will may take a deeper look into the components entered in the Child Support Guidelines worksheet as well as consider a few other factors, most of which are discussed in this article by attorney Gaudet.
The Massachusetts Child Support Guidelines Worksheet
A Massachusetts judge will consider the following in making a child support determination:
- Income of each parent
- Number and ages of children to be covered by the child support order
- Expenses of each parent, to include childcare expenses
- Dental, vision, and health care coverage costs (cost of these insurances)
- Child support paid for children not involved in the current case; and
Each side to a divorce, or in cases which center solely around achieving child support orders, each party must provide a completed Child Support Guidelines Worksheet to the Massachusetts Probate and Family Court judge. Sometimes it can be difficult to determine which amounts to include, particularly in cases where the other side to the lawsuit is not cooperating. Our office is adept at handling these matters and can assist you by communicating with the other party or attorney to clarify incomes, expenses, and other sometimes unclear issues.
A Special Note about Income
A child support order in Massachusetts is going to consider the income of both parties to the suit. All sources of income must be listed here, including:
- Wages, salaries, overtime and tips
- Self-employment income
- Royalties, bonuses, interest and dividends
- Severance pay
- Business income
- Social security retirement and/or disability income (with some exception where this benefit results from the child’s disability)
- Veteran’s benefits (in certain instances), military pay and allowances (prior to allotment deductions)
- Insurance benefits
- Worker’s compensation, unemployment compensation
- Pensions, annuities, trust distributions, and capital gains (if a regular income source)
- Spousal support (from a person not a party to the current case)
- Contractual agreements
- Unearned income of children
- Life insurance income
- Real estate income
- Lottery or gambling proceeds, prizes, awards
- Rental income (net)
- Earned income credit funds
- Stock option income
While this list is largely comprehensive, it may not be inclusive of all potential income sources, our attorney will assist you in the preparation of a complete financial statement and Child Support Guidelines Worksheet to prepare you for the coming court hearing on Child Support. This is an area of the child support process in Massachusetts that you want to get right. Failing to include income can give the appearance to a judge of avoiding disclosure of income, a sure way to end up on the wrong side of a Probate and Family Court Judge.
Other Income Concerns in Child Support Orders in Massachusetts
Imputation of Income in Massachusetts Child Support Orders
Where a court, based on the evidence presented to the court, believes that one side is not disclosing income it can adjust the reported income up to reflect that income source…this is called imputation of income. The moral of the story with respect to reporting income to the Probate and Family Court in Massachusetts is that you want to fully disclose any income to the court or risk having that income imputed to you which will inevitably result in the increase of the child support award to the recipient.
Attribution of Income in Massachusetts Child Support Orders
Where a parent can work and either chooses not to work or takes on work that is well below previous earning capacity, a Massachusetts court can attribute income to that parent. Attribution, in this context, means that the court effectively says, “you could be earning $X based on your previous employment history, but since you choose to work for less (or not at all), this court will assume that you are making $X.” The net result of attribution of income is that you might end up paying child support based on your previous earning even if you are unemployed. Speak with someone in our office to help you understand your options and the child support process in Massachusetts to get a better handle on this issue.
Other Consideration in Child Support Orders in Massachusetts
Although the Child Support Guidelines Worksheet serves as a basis for calculating a child support order in Massachusetts, there are other factors that a Probate and Family Court judge will consider. Judges will assess the following factors as well:
- What is the relationship to alimony or separate maintenance payments?
Both the timing of the child support order calculation in relation to alimony, and the tax consequences of a child support order are factors that your attorney will address with the judge when a child support in before the court. - Which party will claim the children as personal exemptions on the tax returns?
- If gross income exceeds $400,000, the court uses its own discretion to determine how to address income above this amount towards a child support order based on suggested percentage basis.
- Parenting Time – Where one parent is limited to substantially less than 1/3 of the care for a given child, the court may deviate upward on the child support guidelines worksheet calculations.
- Child care costs – are generally shared between the parents proportional to their income
- Child Support for Children between 18 and 23 – The court has a great deal of discretion when considering child support orders for children between 18 and 23, and will loosely base its decision on that child’s attendance in high school, or where a child continues to reside and depend upon the child support recipient (the parent receiving child support) and costs of post-secondary education may be at issue, as well as other factors at the court’s discretion.
- Post-secondary Educational Expenses – the court also has great discretion in determining what amounts, if any, a parent may have to contribute towards such expenses (within certain statutory limits)
- Health Care, Dental and Vision – these expenses will be allocated by the court.
- Other Child Related Expenses
- Other Child Support Obligations (where that child is not in the case before the court)
Wrapping Child Support Up
Clearly, coming to a final child support order is a complex endeavor. While certain patterns of judicial decisions exist, the court does have a great deal of discretion in arriving at child support orders in Massachusetts within the framework described in this article. Please contact attorney Gaudet to consider options available to you to get the most reasonable child support order possible.
DISCLAIMER: The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.