Massachusetts child support can be a complex topic. Attorney Gaudet simplifies it for you by addressing some of the more common questions. Contact us at 978-273-8337 if you require assistance with receiving child support in Massachusetts.

Can I get child support in Massachusetts if I am living apart from the other parent?

Yes. You do not have to be living with the other parent to receive child support in Massachusetts. It is possible to receive an order of child support where you are the parent supporting the children by one of the following methods:

• Temporary Order for Child Support
• By Judgment in a Divorce
• Order for Separate Support
• Paternity Proceeding
• Custody Proceeding
• Child Support as part of a 209A Abuse Prevention Order

Contact our offices to understand the most appropriate order for your circumstances.

Can I receive child support in Massachusetts if I am not married to the father or mother of the children?

Yes. It is possible to obtain an order for child support where parents are not married. There is no law in Massachusetts which requires a couple to be married in order for one parent to receive child support from the other parent.

We are not married, and he will deny he is the father, what next?

While there is a presumption that with a married couple the male is the child’s father, there is no such presumption when a couple is not married. In other words, for a Massachusetts Probate and Family court to issue a child support award the paternity status of the father must be established. Paternity, or the legal father, can be achieved simply by the father signing a voluntary acknowledgment that he is the father or by having a paternity test performed. When a presumptive father is unwilling to sign a voluntary acknowledgment to that fact it is possible to petition the court to order a paternity test to establish that he is the father.

We are married, is there any way he can deny that he is the father to avoid child support?

Yes, it is possible to argue in court that one party is not the father of a child. However, in most cases, this can be easily defeated by introducing evidence to the court of the fact that the party denying parentage is the father. As previously mentioned, in Massachusetts, simply being married creates a presumption that the male is the father of the children of the marriage.

How much is the average child support order in Massachusetts?

While it is difficult to provide a definite answer to this question, it is possible to run the figures for yourself to find out. Keep in mind, however, that this is one of the key areas to have legal representation in as there are a number of variations that a judge can order with respect to child support. For example, a Massachusetts Probate and Family Court judge will consider upward deviation of the child support guidelines or possibly attribution of income where appropriate. Attorney Gaudet will assess the potential to achieve upward deviation or attribution of income where appropriate to attempt to get you a higher child support award.

Does child support last until my child is 18?

In Massachusetts, child support will (under traditional circumstances) be ordered until the child is 18 years old. However, when a child is living with a parent and is dependent on that parent, Massachusetts law allows for the child to receive child support until they are 21 years of age.

Who is Going to Have to Provide Health Insurance to my Child?

There is a fair amount of flexibility from the judge’s point of view when considering who has to provide health insurance to a child in Massachusetts. If one spouse has public health insurance, that is, MassHealth, that spouse will need to keep MassHealth until the child is no longer eligible to participate in the program. Once private insurance is an option for a child (even if the child is currently receiving MassHealth) an order to enroll that child in such private insurance may be obtained by coming to court to address this issue.

When private insurance becomes a valid consideration, the insurance must be satisfy Massachusetts law as follows:

• must be available at reasonable cost, where reasonable means no greater than 5% of the gross income of the parent providing the coverage
• participating in private insurance must be in the child’s best interests
• there is no undue hardship created on the parents

Here, hiring an attorney to assist you in obtaining the best possible outcome is a must.

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