In Massachusetts, child support is guided by a mathematical formula known as the Child Support Guidelines. The support amount is based on the gross incomes of both parents, cost of daycare and health-related insurances, custody arrangements and other factors. However, determining the required monetary support amount is not simply a mechanical application of the guidelines. The guidelines are intended to be of assistance to judges, attorneys and litigants in determining the amount of payment that is presumed to be paid by one parent to the other parent. The Judge reviews the child support amount to confirm that the child best interests for support are protected. In other words, it is readily acceptable by a judge for parents to agree to pay more than the guideline amount, but unlikely acceptable for payment of less, unless there is a rationale, such as travel costs incurred for long distance travel or payment of other expenses in lieu of the full child support number. In any case, a court can deviate from the guidelines number and adjust the amount of support either up or down, if a judge determines that it is in the child’s best interest to do so.
In all cases where an order for child support is requested, a guideline worksheet must be filled out, regardless of the income of the parties. The worksheet requires the available weekly gross incomes (before taxes) of both parents to determine a base of support. The child support guidelines include other factors in the calculation, such as health and dental insurance premiums paid by one parent to provide the child with coverage and daycare costs. A court may also order a separate payment for extra-curricular activities (such as summer camp, sports, music lessons or private school) if it is in the child’s best interest and the parents can afford it.
Once a child support order is in place, then either parent may seek a modification in the event there is an inconsistency in the current order and the revised guideline number sought to be changes. For example, if a parent’s gross income has increased or decreased to a level that the recalculation of the guidelines is worth seeking a change in the amount, then either parent may file a complaint for modification in order to seek a change in the amount to be paid. It is important to note that even though it may take weeks or months for the court to process a decision, the court is only authorized to award retroactive increase or decrease in child support to the date the complaint for modification was served to the defendant parent.
