Today
is the day that the new Child Support Guidelines take effect in Massachusetts.
These new guidelines include some changes that are important to know about if
you have a legal issue related to the amount child support that you pay, or the
amount that you receive as a parent.
The
Child Support Guidelines help judges to figure out how much support should
ordered, on a temporary or permanent basis. The new guidelines seek to improve
this calculation method, by taking into consideration the economic realities families
are dealing with. One factor that goes into the calculation is income. Under
the new guidelines, income that a party receives from means tested benefits
(SSI, TAFDC, SNAP, etc.) is not included in the calculation.
Sometimes,
the court “attributes” income to one party who may be intentionally unemployed
or only employed part-time. This is income not actually earned, but which the
parent could earn. Under the new
guidelines, availability of employment must be considered when deciding the
issue of attributed income. Parties alleging attributed income must show that
the there are available jobs out there, at that income level, which the parent
is choosing not to take. The guidelines also note that the court has discretion
to consider all, part, or none of the income that a parent obtains by working a
second job or overtime.
The new
guidelines especially affect parents whose combined income exceeds $250,000.
They also affect those who have less than equal (50/50) parenting time, but
more than two thirds/one third. This way, parents who have their kids for a
significant amount of time and share in many of the expenditures don’t have to
pay such a high amount in support.
Overall,
it seems that many calculations under the new guidelines will result in
slightly lower support payments. This is not always going to be the case, but
the general attitude over the past few years has centered around the notion
that the guidelines were producing payment amounts that were more than many
parents’ could afford.
You can find additional information on the Massachusetts
Court System’s website: http://www.mass.gov/courts/childsupport/
DISCLAIMER: This site and all information on it is intended for
informational purposes only, and is NOT LEGAL ADVICE. You
should seek competent legal representation on any legal matter.
