Child Support

Massachusetts, like every other state has Child Support Guidelines. By following these mandated rules, the amount of child support to be paid is determined by simply filling in the blanks on the proper form and making the stated calculations.

These guidelines are presumptive only where one party earns up to $75,000 per year or where the combined income of both parties is not greater than $100,000 per year.

Any child support ordered on incomes above these amounts is within the discretion of the judge. Some judges have a reputation for never awarding child support over the presumptive amounts. Other judges have a reputation for always making such awards. Most judges consider the issue on a case by case basis.

Joint Custody Exceptions

If there is an order that results in the child living the same amount of time with each parent, by definition, the Child Support Guidelines are not to apply. This then throws the entire issue back into the discretion of the trial judge.

Trial judges have wide discretion. They may order an amount to be paid, in any event, because of the disparity in incomes so that the children can have the same kind of commodious living accommodations in the home of both parents or for other reasons - none of which the judge has to explain at the time of entry of a temporary order.

At the time of a contested trial, the judge (if the case is appealed) must enter Findings of Facts that support the finding and the rationale involved. As a practical matter, many judges issues these Findings of Facts in every case.

Depending on the age of the children, it might be that the amount of child support will be reviewed on an annual basis or that automatic increases will occur when the children attain certain ages or that the payments will be increased by the growth in the Consumer Price Index.