Child Support is the financial obligation both parents have to their child(ren) when they decide to divorce. Absent agreement, child support generally comes in the form of weekly payments that the court orders one parent to pay to the other to help cover the care, custody, and financial needs of their child(ren). The funds can be used to cover variety of expenses including housing costs, utility bills, clothing, food, health insurance, and education costs. The court’s desire is that the child(ren) be supported financially as completely as possible from the resources of their parents. A parent with whom the child(ren) lives with is called the “custodial parent.” The other parent is called the “non-custodial parent.” Usually the “non-custodial” parent is obligated to pay the child support, but this is not always the case. Determining who pays child support and what the amount will be is driven by several factors to include the “best interest of the child(ren)” and the specific circumstances of each case.
Some of the basic principles of child support are as follows:
Child Support Worksheet:
The 2021 Massachusetts Child Support Guidelines require each parent to complete a worksheet to report his/her income less certain expenses relating to their child(ren)’s care and health insurance expenses. If one parent is not working at the time, but can work, the court may impute an income on that parent. Next, the income is combined and then proportioned to each parent, so each parent can help cover certain child(ren)’s expenses. The court may order the non-custodial parent to pay to the custodial parent his/her proportioned share of the child support due.
Income:
The types of income to be used to calculate a Child Support order are very broad, and can include salaries, wages, commissions, bonuses, severance pay, pensions, certain veteran’s benefits, social security, disability, unemployment insurance, and workers compensation benefits. Income derived from a means-tested public assistance program, such as TAFDC, SNAP, veteran’s benefits, and SSI benefits, are usually not considered income for either parent.
Health Insurance:
The court can order one of the parents to place the child(ren) on his/her health insurance and maintain the coverage for the child(ren).
Deviation:
There is a presumption that the amount listed on the child support worksheet is the amount to be paid; however, in certain circumstances there can be a deviation from the amount listed on the child support worksheet. An example may be when the court finds that the amount listed on the child support worksheets does not accurately reflect the “best interest of the child(ren).” In these cases, the court can deviate from the amount listed on the worksheet as long as there is a successful challenge to the presumption.
The court considers several factors when deciding whether to allow a deviation. The most important factor is the “best interest of the child(ren).” Additional factors may include:
- A child(ren)’s special needs;
- Extraordinary capital gains;
- Child custody arrangements;
- Support of other members of the family;
- A child(ren)’s independent financial resources;
- Debts incurred for the benefit of the child(ren); and
- Earning capacity or special needs of the parent.
If, after taking into consideration the “best interest of the child(ren),” a court determines that a party has overcome the presumption, the court must specific written findings indicating the following:
- the amount of the order that would result from application of the guidelines;
- the guidelines amount would be unjust or inappropriate under the circumstances;
- the specific facts of the case which justify departure from the guidelines; and
- such departure is consistent with the “best interests of the child.” M.G.L. c.208 § 28.
Modification:
A child support order may be modified by agreement or if any of the circumstances listed below exist:
- There is an inconsistency between the amount of the existing order and the amount that would result from applying the guidelines. It should be noted that there is no need to find a “material” or “substantial” change;
- A previously ordered health care coverage is still available but no longer is at a reasonable cost or would cause an undue hardship;
- A previously ordered health care coverage is no longer available;
- Access to health care coverage not previously available to a parent has become available; or
- There is a material and substantial change in circumstances that has occurred.