Child support is a complex and frequently contested issue in Probate and Family Court, despite guidelines to assist in determining the appropriate level of support. To follow up on our last installment, featured in the May issue of Westwood Living, below are additional questions relating to the calculation of child support orders.
Does child support end at age 18?
Child support may continue until the child is considered emancipated under Massachusetts law. By statute, the Court has discretion either to order or to decline to order child support for children age 18 or older. Turning 18 does not mean a child is emancipated. For children ages 18 -21, if the child is domiciled with and principally dependent on a parent, child support may continue even if the child is not enrolled in an education program. Child support may continue to age 23 if the child is principally dependent on a parent due to enrollment in an educational program. This does not apply to programs beyond an undergraduate degree. However, it should be noted that pursuant to the child support guidelines, there is a reduction for children over 18. This reduction is not automatic to current orders – it requires filing a modification with the court and will be dependent on the incomes of the payor and recipient at that time. The Court may also look at a parent’s (or both parents’) contribution to college-related expenses.
Does child support automatically end?
That depends on the language in your order or judgment regarding the emancipation of your child(ren); before terminating any support orders, it is prudent to discuss the issue with counsel to ensure you are not in contempt of court. A contempt finding will likely award the recipient child support owed plus interest, may lead to the payment of the other party’s attorney’s fees, or in some circumstances even jail.
Can a child support order be changed?
Either the recipient or the payor may file a modification to change a child support if there is a material change in circumstance. Some examples may be an increase or decrease in the income of either party, a change to the parenting schedule, a change in health insurance coverage or cost, or when a child matriculates to college.
Can I waive child support?
Child support is a right of the child and it is against public policy to waive support absent an approval by the Judge. Each parent has an obligation to financially support their child. However, in some cases where the parties share custody, the guidelines may calculate a negligible amount. In others, if the parties can explain specific reasons for a deviation from the guidelines and why the application of the guidelines is unjust, the court may approve a deviation/waiver of support.
What is included as income?
The gross incomes of each party are used for the purposes of calculating child support. Income is broadly defined within the child support guidelines and includes gross income from whatever source except for public assistance. The determination of income can be complicated, especially in cases where an individual is self-employed or has a complex compensation plan.
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