Massachusetts child support ensures both parents contribute financially to their children's upbringing, regardless of marital status or custody arrangements. Understanding how child support works in Massachusetts - from calculation methods to enforcement procedures - helps parents navigate this critical aspect of family law. Whether you're seeking a child support order, paying support, or need to modify an existing order, knowing your rights and obligations under Massachusetts law protects your interests and your children's wellbeing.
Child support in Massachusetts is a court-ordered financial payment that one parent makes to help support their minor children. The parent who pays child support is called the "obligor" or "non-custodial parent," while the parent who receives support is the "obligee" or "custodial parent." These payments cover children's basic needs including housing, food, clothing, education, and medical care.
Who Can Get Child Support
Any parent raising a child while living separately from the other parent can seek a child support order, regardless of whether the parents were married. If parents are married when a child is born, both are legally presumed to be the child's parents. For unmarried parents, parentage must be established before the court can issue a child support order.
Unmarried parents can establish parentage by:
- Signing an acknowledgment of parentage form in front of a notary public or at the hospital when the child is born
- Filing a parentage petition in court, where a judge can order genetic testing and establish parentage through that legal process
When Child Support Is Required
Child support orders are typically established during:
- Divorce proceedings involving minor children
- Legal separation cases
- Custody disputes between unmarried parents
- Parentage actions establishing legal parent-child relationships
- Abuse prevention order proceedings (209A orders)
Parents can also file separate actions solely to establish child support without addressing other family law matters.
How Massachusetts Calculates Child Support
Massachusetts uses official Child Support Guidelines to determine appropriate support amounts. These guidelines provide a structured formula ensuring consistency and fairness across cases while allowing flexibility for individual circumstances.
The Child Support Guidelines Formula
The Massachusetts Child Support Guidelines use a formula considering:
- Both parents' gross income (all income before taxes and deductions)
- Number of children requiring support
- Parenting time arrangements and overnight schedules
- Health insurance costs for the children
- Childcare expenses enabling parents to work or attend school
- Other extraordinary expenses related to the children's needs
The guidelines include income tables showing presumptive support amounts based on combined parental income. Courts calculate support by:
- Determining each parent's gross income
- Calculating combined parental income
- Finding the basic support amount from the guidelines table
- Allocating support proportionally based on each parent's income percentage
- Adjusting for parenting time, health insurance, and childcare costs
Minimum Child Support Amount
Massachusetts law establishes a minimum child support order of $12 per week. This minimum applies even when the paying parent has very low income or faces financial hardship. Courts rarely order less than this statutory minimum except in extraordinary circumstances.
Income Considerations
Gross income for child support calculations includes:
- Wages, salaries, tips, and bonuses
- Self-employment income
- Commissions and overtime pay
- Investment income and dividends
- Rental property income
- Retirement benefits and pensions
- Social Security benefits
- Unemployment compensation
- Workers' compensation benefits
- Disability payments
The guidelines also consider unreported and undocumented income. If a parent receives cash payments or other compensation not reflected on tax returns, courts can include this income in support calculations.
Shared Custody Adjustments
When parents share custody more equally, the child support calculation adjusts to reflect each parent's parenting time. If children spend significant time with both parents (generally at least one-third of overnights with each parent), the guidelines reduce support obligations to account for direct expenses each parent incurs during their parenting time.
Deviation from Guidelines
While courts typically follow the Child Support Guidelines, judges can deviate from the formula when appropriate. Valid reasons for deviation include:
- Children with extraordinary medical, educational, or other special needs
- Parents with extremely high or low incomes outside typical guideline ranges
- Significant expenses not addressed in standard guidelines
- Other circumstances making guideline amounts unfair or inappropriate
When deviating from guidelines, judges must make written findings explaining why deviation serves the children's best interests.
Getting a Child Support Order
Obtaining a child support order requires filing appropriate court forms and attending a hearing before a judge.
Filing for Child Support
To get a child support order, parents must:
- Complete required court forms including complaints or petitions, financial statements, and Child Support Guidelines worksheets
- File forms with the appropriate Probate and Family Court
- Pay filing fees or request a fee waiver if unable to afford costs
- Serve copies of the paperwork on the other parent
- Attend scheduled court hearings
Massachusetts Court Service Centers provide assistance with form completion at seven courthouses statewide and through phone or Zoom appointments. While these centers help with paperwork, they cannot provide legal advice.
The Court Hearing Process
At the child support hearing, both parents present information about their income, expenses, and children's needs. The judge reviews:
- Both parents' financial statements showing income and expenses
- Completed Child Support Guidelines worksheets
- Evidence of health insurance costs and childcare expenses
- Any other relevant financial information
After considering all evidence, the judge issues a written child support order signed by the court. This order specifies:
- The amount of child support to be paid
- Payment frequency (typically weekly)
- Payment method and where to send payments
- Duration of the support obligation
- Health insurance requirements
- Any other provisions specific to the family's circumstances
Temporary Support Orders
During divorce or custody proceedings, parents can request temporary child support orders addressing immediate needs while the case is pending. Temporary orders remain in effect until the court issues a final child support order or the case concludes.
Income Withholding and Payment Methods
Massachusetts law requires child support payments to be made through income withholding in most cases. This automatic payroll deduction ensures consistent, reliable payment.
How Income Withholding Works
When the court issues a child support order, it simultaneously orders income withholding (also called wage garnishment or income assignment). Under this system:
- The court sends an income withholding order to the paying parent's employer
- The employer deducts the child support amount from each paycheck
- The employer sends withheld funds to the Massachusetts Department of Revenue (DOR)
- DOR processes the payment and forwards it to the receiving parent
Income withholding is required by law and provides important benefits:
- Ensures timely, consistent payments
- Creates clear payment records
- Reduces disputes about payment amounts or timing
- Automatically adjusts when employment changes
Suspending Income Withholding
While income withholding is required by law, it can be suspended by agreement of both parents or court order in limited circumstances. Parents seeking to suspend income withholding must demonstrate good reason, such as a history of reliable voluntary payments.
Alternative Payment Methods
If income withholding is not feasible - such as when the paying parent is self-employed or unemployed - payments must still be made to DOR. Parents can make payments through:
- Direct deposit or electronic funds transfer
- Checks or money orders mailed to DOR
- Online payment portals
- Debit card payments
DOR strongly recommends making all payments through official channels rather than paying the other parent directly. Official payments create clear records proving compliance with support orders.
Enforcing Child Support Orders
When a parent fails to pay court-ordered child support, Massachusetts provides multiple enforcement mechanisms through both the Department of Revenue and the courts.
DOR Enforcement Powers
The Department of Revenue Child Support Services Division (DOR/CSS) enforces child support orders through various methods:
- Income Withholding: DOR can withhold up to 50% of disposable earnings for current support, or up to 65% when arrears exist.
- Tax Refund Intercepts: DOR intercepts federal and state tax refunds to satisfy unpaid child support obligations.
- License Suspension: DOR can suspend driver's licenses, professional licenses, business licenses, and recreational licenses (hunting, fishing) for parents who fail to pay support.
- Liens and Property Seizure: DOR can place liens on real estate, vehicles, and personal property, and can seize assets to satisfy child support debt.
- Credit Reporting: DOR reports child support arrears to credit bureaus, negatively affecting credit scores and making it difficult to obtain loans or credit.
- Passport Denial: For significant arrears (generally over $2,500), DOR can request passport denial or revocation through federal enforcement programs.
Court Contempt Actions
Either parents or DOR can file contempt complaints when support obligations are not met. In contempt proceedings:
- The court issues a summons requiring the non-paying parent to appear
- The judge determines whether the parent willfully failed to pay support
- If found in contempt, the parent faces consequences including fines, jail time, or both
- The judge can order immediate payment of arrears and may impose payment plans
Contempt findings are serious matters. Parents found in contempt may face incarceration until they pay owed support or demonstrate inability to pay despite good faith efforts.
Interest and Penalties on Arrears
Unpaid child support accrues interest at 0.5% per month under Massachusetts law. Additionally, a 0.5% monthly penalty applies to overdue support. These charges accumulate until all arrears are paid in full, significantly increasing total debt over time.
Modifying Child Support Orders
Child support orders can be modified when circumstances change substantially, but modifications are not automatic and require court approval.
Grounds for Modification
Courts will consider modifying child support orders when there is a material and substantial change in circumstances, including:
- Significant income changes for either parent (job loss, promotion, new employment)
- Changes in childcare expenses or health insurance costs
- Modifications to parenting time or custody arrangements
- Changes in children's needs (medical conditions, educational requirements)
- Birth of additional children in some circumstances
Minor fluctuations in income or temporary changes generally do not justify modification. The change must be substantial enough to significantly affect the appropriate support amount under the guidelines.
Filing for Modification
To modify a child support order, the parent seeking change must:
- File a Complaint for Modification with the Probate and Family Court
- Complete new financial statements and Child Support Guidelines worksheets
- Serve the complaint on the other parent
- Attend a court hearing where both parents present evidence
- Obtain a new court order reflecting modified support amounts
Modifications typically take effect from the date of filing, not retroactively to when circumstances changed. Parents should file modification complaints promptly when circumstances warrant adjustment.
DOR Automatic Review
Parents can request that DOR review their child support order every three years or when there is a material change in circumstances. DOR reviews both parents' financial information and current guidelines to determine if modification is appropriate. If review shows the support amount should change by 20% or more, DOR can initiate modification proceedings.
Unemployment, Underemployment, and Child Support
Job loss or reduced employment does not automatically eliminate child support obligations, though it may justify modification.
Imputed Income
When a parent is unemployed or underemployed without good reason, courts may impute income - meaning the court assigns a theoretical income based on the parent's earning capacity rather than actual earnings. Factors considered when imputing income include:
- Previous employment history and earnings
- Education, training, and skills
- Available job opportunities in the local market
- Physical and mental health limitations
- Time spent caring for young children
Parents claiming inability to work must provide documentation of job search efforts and legitimate barriers to employment. Courts are skeptical of parents who voluntarily reduce income to avoid support obligations.
Good Faith Unemployment
If unemployment results from circumstances beyond the parent's control - such as layoffs, business closures, or medical conditions - courts may temporarily reduce support obligations. However, the parent must demonstrate:
- Active, documented job search efforts
- Willingness to accept appropriate employment
- No voluntary resignation or job abandonment
Even during unemployment, some support obligation typically continues based on unemployment benefits or minimum earning capacity.
Health Insurance and Medical Expenses
Massachusetts child support orders address both health insurance coverage and payment of medical expenses not covered by insurance.
Health Insurance Requirements
When issuing child support orders, judges also order parents to provide health insurance for children. The court determines which parent should provide coverage based on:
- Availability of coverage through employment or other sources
- Cost of adding children to available plans
- Quality of coverage provided by each option
- Distance to healthcare providers in each network
The parent providing health insurance typically receives a credit in the child support calculation for the cost of covering the children. If neither parent has access to affordable health insurance, MassHealth (Medicaid) may provide coverage.
Uninsured Medical Expenses
Child support orders allocate responsibility for medical, dental, vision, and other healthcare expenses not covered by insurance. Typically, parents share these expenses proportionally based on their income percentages. For example, if one parent earns 60% of combined income and the other earns 40%, uninsured medical costs are divided 60/40.
Child Support and Parenting Time
While child support and parenting time are separate issues, they interact in important ways.
Independent Obligations
Child support obligations are independent of parenting time or visitation rights. This means:
- Paying child support does not automatically grant parenting time or visitation
- Denying visitation does not justify withholding child support payments
- Non-payment of support does not automatically eliminate parenting time
Courts handle support and parenting time as separate matters, each based on the children's best interests.
Effect on Support Calculations
However, parenting time arrangements do affect support calculations. When parents share custody relatively equally (children spend at least one-third of time with each parent), the Child Support Guidelines adjust amounts to recognize that both parents directly incur expenses during their parenting time.
Child Support and TAFDC Benefits
When custodial parents receive Transitional Aid to Families with Dependent Children (TAFDC), child support payments are handled differently.
Support Assignment to the State
While receiving TAFDC benefits, the Department of Transitional Assistance (DTA) keeps most child support paid by the non-custodial parent to reimburse itself for welfare benefits provided. DTA sends the first $50 per month to the custodial parent, retaining the remainder as reimbursement for public assistance.
This assignment to the state continues throughout the time the family receives TAFDC. Once TAFDC ends, all child support payments go directly to the custodial parent.
Child Support Duration
Massachusetts child support obligations typically continue until children reach specific milestones.
Standard Termination
Child support generally ends when children:
- Reach age 18 (unless still in high school)
- Graduate from high school (if over 18)
- Reach age 21 if still principally dependent and attending college full-time
- Become emancipated through marriage, military service, or court order
- Die
College Support
Massachusetts courts can order child support beyond age 18 for children attending college full-time and remaining principally dependent on parents. These orders consider:
- The child's educational needs and goals
- Both parents' financial circumstances
- The child's financial resources including scholarships and financial aid
- Whether parents had expressed expectations about funding college
College support typically ends at age 21 or when the child graduates, whichever occurs first.
Getting Legal Help with Child Support
While parents can handle child support cases without attorneys, legal representation provides important benefits, especially in complex situations.
When to Consult an Attorney
Consider consulting a family law attorney when:
- The other parent is self-employed or has complex income sources
- You suspect the other parent is hiding income or assets
- Significant modifications to existing orders are needed
- The other parent is not complying with support orders
- Your case involves high conflict or communication difficulties
- Interstate or international issues complicate enforcement
Legal Services and Resources
Massachusetts provides several resources for parents navigating child support:
- Court Service Centers: Seven locations statewide offer free help with form completion and general procedural information (but not legal advice).
- Legal Aid Organizations: Qualifying low-income parents can receive free legal representation from organizations like Massachusetts Legal Assistance Corporation.
- DOR/CSS Services: The Department of Revenue provides enforcement services and can help establish and modify support orders at no cost.
- Private Attorneys: Experienced family law attorneys provide comprehensive representation throughout child support proceedings.
Child support is not simply a financial transaction but a legal obligation reflecting both parents' responsibility to provide for their children's basic needs. While the system can seem complex, Massachusetts provides structured guidelines, enforcement mechanisms, and support services to help ensure children receive the financial support they deserve throughout their minority.