child support

Massachusetts Child Support for Unmarried Parents

Ensuring that a child receives financial support is essential, regardless of the parents’ marital status. In Massachusetts, both parents have a legal obligation to contribute to their child’s financial needs, whether they were married or not. For unmarried parents, obtaining child support can be a complex process that involves establishing paternity, calculating support obligations, and enforcing court orders when necessary. Understanding the legal process can help custodial parents secure the financial assistance their child is entitled to. Establishing Paternity: The First Step Before child support can be ordered, paternity must be legally established. Massachusetts law provides multiple ways for unmarried parents to confirm paternity. The most straightforward method is signing a Voluntary Acknowledgment of Paternity (VAP) at the hospital when the child is born or at a later time through the Registry of Vital Records. This document legally recognizes the father and grants him rights and responsibilities toward the child. If there is any dispute about paternity, either parent can file a petition with the Massachusetts Probate and Family Court to request a court-ordered DNA test. Establishing paternity not only allows a custodial parent to seek child support but also ensures the child can benefit from parental health insurance, inheritance rights, and other legal protections. How Child Support is Calculated in Massachusetts Massachusetts follows the Child Support Guidelines, which provide a framework for calculating support based on both parents’ incomes and other financial circumstances. Factors considered in the calculation include: The gross income of both parents. The number of children requiring support. The amount of parenting time each parent spends

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Massachusetts SJC Changes Alimony and Child Support Calculations

The Supreme Judicial Court’s recent decision in the case of Cavanaugh v. Cavanaugh has had a major impact on how alimony and child support are calculated in Massachusetts family court cases. The court’s decision, which was issued in June 2022, has revised the way in which income is considered when determining support payments, and has introduced a new approach to calculating alimony and child support in cases where both elements of support are involved. One of the key changes brought about by the Cavanaugh decision is the inclusion of employer contributions to retirement as income when determining support payments. This decision has significant implications for those who are going through a divorce, as it will impact the amount of support that is paid. Those who are seeking support payments, or who are going through a divorce, should understand the implications of this decision and be prepared to consider the impact of employer contributions on their support payments. Calculating Alimony and Child Support Another important aspect of the Cavanaugh decision is the introduction of a new approach to calculating alimony and child support in cases where both elements of support are involved. Previously, child support was calculated first, which often made an alimony calculation unnecessary. However, under the Cavanaugh decision, alimony should be calculated first. This new approach involves adding the alimony payment to the payee’s income and subtracting it from the payor’s income, and then using these new incomes to run the Child Support Guidelines. In September 2022, the SJC

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It’s Tax Time—Make Sure You Understand Child Support and Taxes With These FAQs

To help you better understand child support and taxes, we’ve compiled frequently asked questions to shed some light on this complex situation. Q: Do I have to pay child support with 50/50 custody? A: Parents with a shared custody arrangement may still be responsible for child support payments. A calculation assuming each parent as the primary caretaker is the first step to determine if child support is necessary. Next, the difference in parental earnings will be calculated (the income from the lower-earning parent is subtracted from the higher earnings). Finally, the difference is the presumptive child support amount the higher-earning parent will pay the other. For more information about how child support calculations are made, you can refer to mas.gov. Q: What is the average child support paid per child? A: Each case is determined according to the families involved. The parental earned income is used to determine payments awarded; therefore, no predetermined average indicates child support per child. Q: Can child support take your whole paycheck? A: Child support payments deducted from wages are based on a percentage. Calculations are used to ensure the payor can still meet personal living expenses. As a payor, you are not expected to lose your whole paycheck. Q: Can your child support be reduced if you have another child? A: Having another child is not grounds for decreasing existing child support. Q: Is child support based on gross or net income? A: Child support in MA is based on gross income from all

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Out of State Child Support Modification

Child Support and Out-of-State Issues Whether one parent is living just over the Massachusetts border in New Hampshire but still commutes to Boston every day, or whether the one parent is living on the West Coast while the children live with the other on the South Shore, issues of state jurisdiction may come into play when seeking to modify a Massachusetts child support agreement. Changing Circumstances, Modifying Orders In Massachusetts, child support is governed either by temporary orders or by final judgments. Temporary orders govern the terms of child support while there is still open legal action in process to establish a final judgement. The term “final judgment” is something of a misnomer. “Final” does not mean that the judgement can never be altered again. A child support final judgment may be renegotiated in the future. This can be done with the agreement of both parents, or one parent may file a complaint for modification if certain conditions are met. The conditions under which one parent can file a complaint for modification to a child support final judgement include: • Changes to the gross income of either or both parents • Unavailability of previously ordered health coverage, either because of job loss or unduly burdensome cost increases • New availability of health care coverage through a parent • Any other material and substantial change in circumstances What to Do When One Parent Lives in a Different State When one parent lives out of state, modifying and enforcing a child support judgment

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Underemployed Husband At Time Of Divorce

Representing the Wife.   The parties were married for over 22 years at the commencement of the action and had two children, ages 15 and 11, with special needs.  The matter was tried.  The court found that the Husband dissipated marital assets including retirement funds and was underemployed at the time of the divorce.  The Husband demonstrated little if any interest in the children.  The Wife received a substantially greater share of the marital estate and was granted sole legal and physical custody of the minor children, after trial.

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Complaint for Modification of Child Support

Representing the former Wife, in opposition to the Husband’s complaint, seeking to reduce child support.   During the course of the proceeding, it was learned that Husband represented by way of affidavit in a collateral proceeding that his gross monthly income was substantially higher than as represented on his rule 401 financial statements.   Mother through counsel conducted discovery, seeking former Husband’s business records, which Husband failed to produce after being ordered to do so by the Court.  Mother filed a motion to dismiss for failure to comply with the Court’s discovery orders and for attorney fees, which was allowed.

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Common Myths in Massachusetts Family Law Every Parent Should Know

When it comes to divorcing and family law, things get complicated quickly. It’s essential to know your rights regarding your children. Presented here are some common myths every parent should be made aware of during divorce or custody proceedings. Myth: A parent’s failure to pay child support can result in the parent being kept from seeing the children Only a judge can determine visitation rights. If a parent fails to pay child support, the other parent is not automatically given the right to withhold visitation. The Court’s orders for visitation cannot be ignored simply because the child support account is two months or even two years delinquent. Myth: If a parent doesn’t agree with the court orders, they can move the kids out of state Once an action involving custody of children (divorce, domestic abuse, guardianship, etc.) is filed in Massachusetts, neither party can remove a child from the state without permission from the other parent or a judge. This act of moving a child out of state without permission can result in criminal charges. A modification with a compelling reason to move with the children, such as once-in-a-lifetime education, family, or work opportunity, must be filed to remove children from the state legally. Myth: He/She cheated on me, so I should get everything Infidelity is grounds for divorce in Massachusetts, however, in a divorce, a judge must consider many factors in making a decision, including all conduct of the parties during the entire marriage, good and bad. It is

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Post-Divorce Custody and Child Support Modification

Representing the former husband.  The parties were married for 22 years.   At the time of the divorce and in all proceedings thereafter, Father was represented by Attorney Gabriel. The parties had four children.  The Father was ordered to pay a substantial amount of weekly child support to the Mother.  A permanent alimony waiver was negotiated through the divorce action, whereby Mother received an additional sum from the Father’s share of the proceeds from the sale of the martial home and forever waived alimony.  After the divorce, Father filed a modification seeking a change in custody of two of the parties’ four children.   The matter went to trial. Father was successful and his child support obligation was reduced.   Thereafter, Father filed a second complaint for modification seeking custody of the parties’ two youngest children.  The matter proceeded to trial.  Father’ complaint for modification was successful. Father’s child support obligation was terminated and Mother was ordered to pay child support to Father.

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