What is child support?
In all U.S. states, including Massachusetts, there is provision under state law to protect the welfare of the joint children of a couple who have separated and are no longer living together. In Massachusetts, it doesn’t matter whether a couple were married when they divorced or whether they were cohabiting (i.e. not legally married). When they separate, any children they had had together must be looked after by one or both parents and child support is calculated to take into consideration of the income of both parents. In considering child support, as with child custody arrangements ordered by the Probate and Family Law Court, the “best interests” of the children are always paramount.
The ruling that unmarried partners must still pay child support, according to their income, is different from alimony, or spousal support. Alimony is treated separately from child support and is only ordered by a court if the couple was legally married and has divorced. Massachusetts, like many other U.S. states, but not all of them, does not recognize common law marriages.
Whether couples have been cohabiting or have been legally married, if they plan to separate or divorce, and have joint children, they must take into consideration state laws on child support as the impact on them on their personal finances can be considerable.
Massachusetts Child Support Guidelines
The state’s Child Support Guidelines determine how child support is calculated. The guidelines were substantially altered in 2021, mainly under pressure from organizations like Child Support Advocacy groups, who have complained that the amount of child support ordered by the court has significantly become eroded in real terms over the years and had an unduly negative impact on multiple child families.
The new guidelines as were brought into law in 2021 will be outlined below. Either parent can file a motion to have the child support payments modified, either reduced or increased, depending on who is seeking a change, but must provide supporting evidence to back up their claim. Any parent who wishes to seek a modification in child support is advised to seek legal help from an experienced family law attorney to advise them on how to support their claim.
The impact of the 2021 child support guidelines
The main changes in the guidelines have an impact on:
- the combined income of both parents that is used to calculate child support payments which has been increased from $250,000 to $400,000;
- income sources, which have been expanded to include income from sources that had not been considered before 2021, such as stock options and, in some cases, alimony payments;
- the payments to multiple child families, which have been substantially increased, although payments made by one child parents have not changed significantly;
- the 15% cap on payments that existed before, which has been removed and payments are now calculated according to the percentage income of each parent.
Multiple child families
Child support advocacy groups have long complained that a parent with custody of more than one child was not getting enough extra child support. The new 2021 Child Support Guidelines have addressed this consideration and the amount of child support payments made for each child of families of more than one child has substantially increased.
For example, prior to 2021, child support for two children was 25% more than that for the support ordered for a single child, 38% more for three children and then slight increases for any more children beyond three. This has now been changed to a 40% increase for two children, 68% for three children, 85% for four children and 94% for five children. Increases to child support for families with more than 5 children are left to the discretion of the court.
Minimum and maximum income levels determined in 2021
The minimum weekly combined income needed before considering an order for child support has now been lifted to $210, while the maximum combined income has been lifted to $400,000. The minimum child support payment needed if the minimum combined income of $210 applies is $12 per week, rising to $25 a week for those with a combined income of only $249 a week. The maximum ordered child support payment has been increased to $355 a week.
Cap on income removed
The 2021 guidelines have removed the 15% cap that was there on income that could be used to calculate child support payments. The total combined income is now used as a basis of calculation for the child support payment. The division between the payor and recipient is made in accordance with the percentage income of each parent. For example, if the payor’s income is 70% of a combined income of $400,000 (i.e. the maximum considered) and the recipient’s income is 30% of the $400,000, then the payor would pay $248.50 (70% of $355, the maximum child support payment) and the recipient would be liable for paying $106.50.
Child support for children 18 and older
The Child Support Guidelines provide guidance for ordering child support for children who are considered minors (i.e. who are not yet 18), but the court can consider ordering payments to older children depending on their circumstances, e.g. if they are still attending high school or college, or are dependent on their parents for other reasons, e.g. still residing at home.
Talk to a child support attorney
The 2021 changes to the state’s Child Support Guidelines are quite wide ranging. If you are confused, or are considering challenging a child support order, or modifying an existing order, you are advised to seek legal advice from a family law attorney with experience in child support legislation.