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.