When considering child support payments, Massachusetts has guidelines to assist the court and litigants in determining a weekly figure. However, despite the guidelines, there are so many questions to consider when it comes to child support.
How is child support determined? In Massachusetts, we have child support guidelines that are used to create a presumptive child support amount; the guidelines form can be found on mass.gov. A judge may deviate from this amount for a variety of reasons and various arguments can be made on what to include for income based on types of compensation, which is why having representation to determine the most beneficial income is important.
Do the guidelines ever change? The guidelines are reviewed every four years by the child support taskforce who determine whether the guidelines and worksheet change. Attorney Carey had the opportunity to serve as a task force member for the 2020-2021 review.
Are bonuses included in determining a child support figure? This depends – a judge has the discretion to handle bonuses or income that is not guaranteed in a variety of ways. The amount can be included in the guidelines or addressed separately – it will largely depend on the frequency, amount and consistency of bonuses. All types of income can be considered, and a skilled attorney can help to navigate how to optimize the calculations for a particular situation.
Does parenting time affect the amount of support paid? The guidelines have two options to address different parenting plans. If the parties have approximately equal parenting time and financial responsibility, the guidelines are calculated to determine the net of support paid each way. If one parent has significantly more parenting time, the guidelines are calculated with the primary custodian receiving support from the other parent.
What if I am the payor and lose my job and cannot afford to make my child support payments? There are serious repercussions for failing to pay child support, and the court is limited in making retroactive adjustments. A complaint for modification will need to be filed immediately; experienced counsel can help with this transition to protect your interests.
What other costs affect the child support calculation? The payment of health insurance, dental insurance and vision insurance premiums, as well as costs for daycare, are taken into consideration on the child support worksheet.
Do I have to pay taxes on the child support I receive? Child support is not deductible to the payor, and not taxable to the recipient.
