Child Support

Newton Child Support Lawyer

Providing Skilled Advocacy for Child Support Cases in Middlesex County, MA

In a divorce, the court might order you or your spouse to make child support payments to take care of your child’s needs. While going through the proceedings you might have many questions about who will be required to make payments, how much they must pay, when they need to make, and how the payments are remitted. Because this is a complex legal issue that can have a profound effect on your and your child’s life, it’s best to consult with a skilled attorney who can help you understand the process and the laws concerning child support.

At The Halks Firm, we will provide solid legal guidance to help you get through this part in the proceedings. Whether you are ordered to pay child support or you will be the one receiving it, we will be with you every step of the way, working toward an outcome to meet your and your child’s best interests.

Discuss your case during a free initial consultation – call us at (781) 995-0107.

What Is Child Support?

Child support is a court-ordered payment that the noncustodial parent (the one who does not have physical custody of the child) must make to the custodial parent (the one who has physical custody of the child for the majority of the time). In a divorce, families might go from having two incomes to one, and child support payments are designed to help the custodial parent take care of the child’s needs.

Child support payments are used for necessities such as:

Clothing
Daycare or other childcare costs
Food
Housing
Medical expenses
Schooling

How Is the Support Amount Determined?

When a judge is determining how much the noncustodial parent must pay the custodial parent, they will refer to the Child Support Guidelines worksheet, which both parents must fill out.

Factors the judge will consider when setting a support amount include, but are not limited to:

Sources of income: such as that received from overtime, secondary jobs, self-employment, and undocumented income
Parenting time: how much time the child spends with one parent or the other
Child care expenses: these costs are expected to be shared equally between both parents
Age of the child: child support could be awarded or denied for children 18 years of age or older
Costs for higher education: the judge will consider the amount of tuition for school, resources the child and parent have access to, and whether or not financial aid is available
Health insurance: both parents are expected to share the costs for health care equitably
Costs for outside activities: on a case-by-case basis, the judge may factor into their determination expenses for extracurricular activities, private school, summer camp, and other programs that serve the best interest of the child

When you hire our team, we will ensure that the Child Support Guidelines worksheet is completed accurately and that the support payment calculation reflects eligible income and expenses.

How Long Must You Pay Child Support in MA?

When a child hits the age of eighteen, child support does not immediately end. Child support can be ordered for a child between the ages of eighteen and twenty- one who primarily live with one parent and is reliant on them for support. Additionally, if a child between the ages of 21 and 23 predominantly lives with a parent and is dependent on them due to enrollment in an educational program, child support can be extended. This is as long as the educational program is not above an undergraduate degree.

How Are Child Support Payments Made?

Typically, when one parent is ordered to pay child support to the other, the amount they owe is taken out of their paycheck by their employer. The payment then gets sent to the Department of Revenue, which remits it to the custodial parent.

Can You Modify Child Support in MA?

If you and your former spouse are able to agree on having the child support order modified, this can greatly simplify your situation since all you would need to do is have the new order documented and signed by a judge. If a judge does not sign off on the new order and your former spouse has a change of heart later on, you will be responsible for the amount that you missed, so make sure the agreement you make is official.

Oftentimes, reaching an agreement regarding child support modification is difficult for former spouses. If this is the case for you, you will need to file a motion with the court to request the modification. For a modification of your child support order to be granted, however, you will have to prove that there has been a change in circumstances that now prevent you from making your child support payments.

Some changes in circumstances that will qualify for a modification of your child support order include:

You involuntarily lost your job or experienced a reduction in your income
You are responsible for the support of a new child
You became disabled
There have been notable changes in other factors that the court took into consideration when the order was first made

Short-Term Emergencies

Modifications can either be permanent or temporary, depending on the circumstances. If your hardship is only temporary or you are experiencing a short-term emergency, a temporary modification of your child support order can be granted. For example, if you have a medical emergency or lose your job, these could warrant a temporary modification of your child custody order.

Contact Our Firm to Get Started

At The Halks Firm, we understand that the child support process can be a challenging and emotional time. The judge’s decision about the amount one parent must pay to the other will have a significant impact on the family. Our lawyers are here to relieve some of the stresses associated with this step by providing experienced legal support from start to finish.

Speak with us today by calling (781) 995-0107, or schedule a free consultation by completing an online contact form.

What Sets Us Apart

Assists with All Documents & Negotiations
You're never alone in this process. We're here to help you every step of the way.
Consistent Communication
We focus on individual attention to each one of our clients.
Experienced Trial Attorney
Attorney Nicholas Halks has tried over 40 cases.
Award-Winning Representation
Attorney Nicholas Halks is recognized by legal organizations such as Avvo, CALI, and The National Advocates.
Free, No-Obligation Consultations
We offer free consultations to discuss your case and consider your options.

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“The service was phenomenal I couldn't be more pleased.”
Nick represented me on a Custodial and DOR Case. I had a great victory with my case. I am satisfied with everything that Nicholas Halks Firm has provided me. This was a huge weight lifted off my shoulders. Nick worked side by side with me. I felt like working with family everyone was very helpful and had a lot of patience. The service was phenomenal I couldn't be more pleased. I highly recommend this firm. Nick again thanks for your hard work.

Griselle
“Nick handled my case flawlessly and prepared me for a great victory”
I couldn't be happier with my experience and my results with Nicholas Halks and his firm. Everyone there showed so much compassion for what I was going through and truly listened to all of my concerns. Nick handled my case flawlessly and prepared me for a great victory. I am very lucky to have been referred to him by my friend. He is the best, and I would highly refer him to anyone.

Tara
“Thank you Nick for your support and encouragement through such a difficult time in my life. My appreciation is beyond words.”
Nick Halks...This attorney is the best! His devotion and empathy for his clients is something that is hard to find. His knowledge is beyond anything I ever expected. Thank you Nick for your support and encouragement through such a difficult time in my life. My appreciation is beyond words. You are the BEST!!

T.J.
“I was seeking an experienced and professional attorney, and indeed found one!”
Having the opportunity to work with attorney Hawks was a truly great experience. I was seeking an experienced and professional attorney, and indeed found one! I had no legal experience and was unaware of any legal terms or direction. Attorney Hawks and his team made my entire experience seemless, they kept consistent communication explained in detail terms I didn’t understand and made a very comforting environment. I highly recommend attorney Hawks and his legal team.

Samantha

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