What is Child Support And When Does It Occur In Massachusetts?

Although parents generally owe a fiduciary responsibility to support children following a family breakup, it is common for parents to default or avoid this responsibility. Thus, Massachusetts makes paying child support a statutory obligation and sets up the Child Support Enforcement Division to enforce orders by the judiciary regarding this matter. Records of these cases may be available to interested and eligible members of the public unless sealed by court order or statute.

Records that are considered public may also be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information provided by these sites may not be guaranteed.

What is Massachusetts Child Support? 

Child support is the court-ordered payment for the care, maintenance, and support of a minor child after legal separation or divorce (Mass. Gen. Laws. 208 § 28).. Upon the dissolution of a family unit in Massachusetts, one parent has primary custody of the minor, i.e., the custodial parent. The other parent shares custody via parenting time, i.e., the non-custodial parent. Generally, the non-custodial parent is responsible for making child support payments in the state.

What Does Child Support Cover in Massachusetts?

Contrary to common knowledge, child support payments go beyond basic needs. The payment generally covers all the necessary expenses needed to support a growing child in Massachusetts. These usually include:

• Food
• Clothing
• Housing
• Educational costs
• Health insurance
• Dental/Vision insurance
• Routine uninsured medical expenses
• Uninsured extraordinary expenses
• Childcare costs
• Travel expenses
• Extracurricular activities

What Is The Average Child Support Payment in Massachusetts?

At present, the minimum order for child support in Massachusetts has been $25.00 per week, as set by the judicial task force since 2002. The amount payable by a parent depends on several factors, but the court uses the income share model. Next, the court considers the child’s age and the general cost of childcare to determine the payable amount.

The assumption is that a child should receive the kind of support they are entitled to, regardless of the relationship between parents. Interested persons may use the child support worksheet to estimate the payable amount.

Parents may also reach a mutual agreement regarding the payable amount while preparing the settlement agreement. Where the parents fail to prepare an equitable arrangement for child support, the court has the authority to decide the payable amount. The court typically follows the child support guidelines when issuing the order.

How Do I Apply for Child Support in Massachusetts?

Interested persons may apply for child support online on this application page. The judiciary also provides systematic instructions for applying for a child support order in person or by mail. Generally, the custodial parent must file a written complaint in the Probate and Family Court in the county of residence (see court locations).

Note that the procedure differs for married parents, intending divorcees, and unmarried persons. The filing fee for child support is $120.00, but a petitioner may file for a waiver of court fees by citing indigency. The application forms are available on this webpage, and the intending petitioner may submit the petition in person or via mail.

How Do I Get Out of Paying Child Support in Massachusetts?

Massachusetts laws allow civilian parents to seek a modification to child support payments by submitting a petition to the Massachusetts Department of Revenue. Modifying a child support order is usually possible under extenuating circumstances such as:

• An inconsistency between the amount of the existing order and the payable amount after applying the child support guidelines;
• Termination or change in health insurance; and,
• Any other material or substantial change in circumstances.

Military parents may only request to modify child support payments with a court petition. The Department assists service members with this process (see information).. Meanwhile, civilian parents submitting a petition to the Department of Revenue are generally required to provide supporting documents. These include proof of receiving public assistance, unemployment benefits, and a court order changing child custody.

Apart from these, to avoid paying for child support in Massachusetts, both parents may file a joint petition for modification. The petitioners are typically required to attach a mutual agreement to terminate child support with the petition. The judiciary provides instructions on this webpage. Otherwise, the parent will need to wait until the child attains maturity at 23 years old or some significant adult milestone. Note that this section does not replace professional advice from an experienced family lawyer.

What is Back Child Support in Massachusetts?   

Back child support is the payable amount that a non-custodial parent missed or refused to pay after a court order for child support becomes effective. In Massachusetts, this is called past-due child support or arrears.

Note that back child support is different from retroactive child support, which refers to a claim for child expenses that a custodial parent incurred from birth up to the application date.

Massachusetts recognizes retroactive child support, but this relief is only applicable to unmarried parents (M. G. L. A. c. 209C § 9).. While the court generally ensures that the non-custodial parent pays retroactive child support—effective from birth, the payable amount is subject to judicial discretion. Again, married parents seeking divorce cannot seek retroactive child support in Massachusetts (M. G. L. c. 119A §13(a))..

How Do I Get Back Child Support Paid in Massachusetts?

The custodial parent must contact the Department of Revenue to get back child support from a defaulting parent. Visit this official webpage for instructions on requesting overdue child support payments.

Upon submitting a complaint for contempt, the Department uses various administrative and judicial actions to enforce the payment. These mainly include a court order, income withholding, interests, suspension of driver’s license, the federal tax offset program, levies, and liens. In 2020, Massachusetts intercepted economic impact payments for the first round of stimulus checks for defaulting parents.

Is there a Massachusetts Statute of Limitations on Child Support?

No, there is no statute of limitations on court-ordered child support for children under 18 years old. The order is still enforceable for past-due and retroactive child support even after the child attains maturity.