Child Support

Bristol County Child Support Lawyer

Representing Parents in Plymouth, New Bedford, Boston, Quincy, Hingham, Norfolk Counties

The Law Offices of Rachel M. Matos represent parents throughout Bristol County, MA in child support cases. Whether you are a parent requesting child support or expect to be the parent paying support, our firm can advocate for your case. Child support calculations largely depend on both parents’ incomes, so high earners can expect to pay a fair amount of support. Attorney Rachel M. Matos can take a look at your unique situation and help you estimate the amount of child support you may be eligible to receive or to pay. Attorney Matos can also help you build a strong case for challenging the amount reached by the court, asking for an increase or a decrease.

Contact the Law Offices of Rachel M. Matos for an initial consultation to discuss your case in detail with our Bristol County child custody attorney.

How Is Child Support Calculated in Massachusetts?

Both parents in Massachusetts have a duty to support their child financially. The law presumes that the custodial parent who lives with the child provides for them in the day-to-day expenses and care for their child, so the noncustodial parent is the one who makes conventional child support payments.

The amount of child support the noncustodial parent must pay depends on:

  • the child’s best interests;
  • both parents’ incomes;
  • their amount of parenting time.

Child support is meant to provide for the child’s daily needs, including health insurance and education. The court may also require high-earning parents to split the costs of private school and extracurricular activities if doing so is in the child’s best interests.

Child Support for High-Income Parents

Child support is a particularly important issue in high net worth divorces because it requires the calculation of both parties’ incomes. If the other spouse is a high-income earner, the court may consider whether they can support their partner to maintain the same lifestyle as they were accustomed to during the marriage. Similarly, if the children went to private school, the court may order the high-income parent to continue providing reasonable support for private tuition. 

Massachusetts’ Child Support Guidelines

Like many states, Massachusetts implements child support guidelines for estimating support payments based on both parents’ gross incomes. 

In the context of child support, gross income is money that can come from any source, including:

  • wages and salaries;
  • bonuses;
  • dividends;
  • royalties;
  • pensions;
  • military pay;
  • disability benefits;
  • Social Security benefits.

From the combined income of the parents, say, $150,000, the child support amount will be calculated by splitting the combined income proportionally. For example, if one parent earns $90,000 and the other $60,000, the first parent will have 60% of the responsibility, and the latter 40%. Be aware that the court may “impute” or assign an income value to a parent who is found to be intentionally unemployed or underemployed for the purposes of avoiding their child support obligation. 

Note that the calculation guidelines vary based on the child custody and parenting time arrangement. The above calculation is based on the most common situation of a child having primary residence with one parent and spending time with the noncustodial parent around a third of the time. However, if the noncustodial parent spends less than a third of the time with the child, the court may increase the amount of child support they must provide. An experienced attorney can better help you estimate your child support amount based on your custody arrangement.

Filing for Child Support in MA

In order to obtain an order of child support, you can either file a case, such as divorce, paternity, custody, or separate support, and then file a motion for child support within that case. Alternatively, you could open a case with the Department of Revenue and ask them to pursue child support for you. 

Child support payments last until a child turns 18 years old. If they have reached the age of 18 but have not turned 21 and are still a dependent of the parent, the court may order child support until that child reaches the age of 21. The court may also order child support while the child is obtaining an undergraduate education up to age 23. 

Child support will usually be collected by wage garnishment or withholding order. These orders are served on the paying parent’s employer, who will take child support from the employee’s paycheck each pay period to redirect to the custodial parent for child support.

Modifying a MA Child Custody Order

Parents have the right to request a modification of an existing order in certain circumstances. 

If it has been 3 years since the order was last issued, you may change it if any of the following apply:

  • there is an inconsistency between the amount the parents currently pay and what would result from the guidelines;
  • the health insurance previously ordered is no longer available, or only at an unreasonable cost; or
  • any other material and substantial change in circumstances has occurred (e.g., the loss of a job, the birth of a new child) impacting the parent's ability to pay support.

If less than 3 years have gone by, then the requesting parent must primarily show a substantial change in circumstances.

Understanding Child Support Modifications

Life circumstances can change, and when they do, it may be necessary to modify a child support order. Whether you are the paying or receiving parent, our experienced attorneys can help you navigate the process of modifying a child support order in Massachusetts.

Common reasons for seeking a modification include:

  • Change in income for either parent
  • Change in the child's needs or expenses
  • Change in custody or visitation arrangements
  • Job loss or change in employment status

It's important to note that modifications to child support orders must be approved by the court. Our legal team can assist you in gathering the necessary documentation and presenting a compelling case for a modification that reflects your current financial situation and the best interests of your child.

Commonly Asked Questions

What factors influence child custody decisions in Massachusetts?

In Massachusetts, child custody decisions are primarily influenced by the child's best interests, which include factors such as the child's age, the emotional ties between the child and each parent, the parents' ability to provide a stable environment, and any history of abuse or neglect.

Can parents modify a child custody agreement after it has been established?

Yes, parents can request a modification of a child custody agreement if there has been a significant change in circumstances that affects the child's well-being, such as relocation, changes in employment, or changes in the child's needs.

What is the difference between legal custody and physical custody?

Legal custody refers to the right to make important decisions about a child's upbringing, including education and healthcare, while physical custody pertains to where the child lives and who provides day-to-day care.

How is parenting time determined in custody arrangements?

Parenting time is usually determined based on the child's best interests and the parents' schedules. Courts encourage a balanced approach that allows children to maintain strong relationships with both parents, unless there are safety concerns.

What should I do if I believe my ex-spouse is not following the custody agreement?

If you believe your ex-spouse is not adhering to the custody agreement, you should document the instances of non-compliance and consult a child custody attorney to discuss your options, which may include mediation or legal action to enforce the agreement.

Reach out to the Law Offices of Rachel M. Matos for a welcoming initial consultation and explore the details of your child support case with our Bristol County child support lawyer.

Our Satisfied Clients Read What They Say About Us

"The Law Offices of Rachel M. Matos is always willing to help, returns calls the same day, and knows what they are doing. Their professionalism is top-notch."

- R.V.

Protect Your Present and Future Assets with Our Firm

Schedule an initial consultation with our firm to start planning your legal options today.
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy