Massachusetts uses official Child Support Guidelines and standardized worksheets to calculate fair support amounts based on both parents' income, parenting time, and children's needs.
What Is Child Support in Massachusetts
Child support in Massachusetts is a court-ordered financial payment one parent makes to help support their minor children when parents live separately. These recurring payments cover children's basic needs, including housing, food, clothing, education, and medical care.
Who Pays Child Support
The parent paying child support is called the "obligor," "payor," or "non-custodial parent." The parent receiving support is the "obligee," "recipient," or "custodial parent." In most cases, the non-custodial parent - the parent with whom children spend less time - pays child support to the custodial parent who provides the children's primary residence.
However, when parents share custody relatively equally, the higher-earning parent typically pays support to the lower-earning parent, recognizing that both parents incur direct expenses for the children during their respective parenting time.
Legal Basis for Support Obligations
Both parents have legal obligations to support their children financially. Massachusetts law requires parents to contribute to their children's care regardless of marital status, custody arrangements, or the quality of their relationship with the other parent. These support obligations exist independent of parenting time rights - paying child support does not automatically grant visitation rights, and being denied visitation does not eliminate support obligations.
How Courts Calculate Child Support in Massachusetts
Massachusetts courts use the official Child Support Guidelines to determine appropriate support amounts. These guidelines provide a standardized formula ensuring consistency while allowing flexibility for individual circumstances.
The Massachusetts Child Support Guidelines Worksheet
The Child Support Guidelines Worksheet is the official form courts use to calculate child support in Massachusetts. Judges rely heavily on this worksheet when issuing child support orders. Both parents must complete financial information on the worksheet, including:
- Gross weekly income for each parent
- Existing support obligations from other relationships
- Health insurance costs for the children
- Dental and vision insurance costs
- Child care expenses
- Social Security dependency benefits (if applicable)
The worksheet processes this information through formulas that determine each parent's proportional share of support obligations based on their income and the children's needs.
Gross Weekly Income
Child support calculations begin with each parent's gross weekly income - the amount earned before taxes and other deductions. Gross income includes:
- Wages, salaries, and tips
- Bonuses and commissions
- Self-employment income
- Overtime and second job income
- Investment and rental income
- Unemployment benefits
- Workers' compensation
- Disability payments
- Social Security benefits
- Retirement and pension income
Courts consider all income sources when calculating support. Parents who are self-employed or receive cash income cannot hide earnings - courts can impute income based on earning capacity if parents underreport income or voluntarily reduce earnings to avoid support obligations.
Income Brackets and Minimum Support
The Massachusetts Child Support Guidelines establish income brackets with corresponding support amounts. The minimum child support order in Massachusetts is $12 per week, applying even when parents have very limited income. This statutory minimum ensures children receive some financial support regardless of the paying parent's financial circumstances.
For low-income parents earning less than $250 weekly, courts typically order support between $12-$20 weekly, recognizing the need to balance children's needs with parents' ability to pay. Courts can deviate from these minimums only in extraordinary circumstances.
Income Cap and High-Income Families
The Child Support Guidelines apply to combined parental income up to $400,000 annually (approximately $7,692 weekly). When parents' combined income exceeds this cap, judges have discretion to order additional support based on children's needs and the family's lifestyle. Courts may require higher support payments when families maintained expensive lifestyles during the relationship or when children have special educational or medical needs.
Factors Affecting Child Support Amounts
Beyond basic income calculations, several factors influence final child support amounts in Massachusetts.
Parenting Time Arrangements
How parents share parenting time significantly affects child support calculations. The Massachusetts Child Support Guidelines recognize three primary custody arrangements:
Primary Custody: When children live with one parent approximately two-thirds of the time, that parent is the custodial parent. The non-custodial parent pays child support based on their income and the standard guidelines formula.
Shared Physical Custody: When children spend at least one-third of time with each parent (approximately 33% or more with each), the guidelines apply a shared custody formula. This formula accounts for both parents directly incurring expenses during their parenting time, typically resulting in lower support payments from the higher-earning parent.
Split Custody: In rare cases where there are multiple children and each parent provides the primary residence for different children, split custody applies. This arrangement requires careful calculation of each parent's support obligations.
Health Insurance Costs
When judges order child support, they also require parents to provide health insurance for children. Either parent can be ordered to provide coverage - the parent paying child support is not automatically required to provide insurance. The parent providing health insurance receives credit in the child support calculation for insurance costs.
Courts consider:
- Availability of coverage through employment
- Cost of adding children to available plans
- Quality of coverage and provider networks
- Distance to in-network healthcare providers
Parents must report the weekly cost of health, dental, and vision insurance covering the children on the Child Support Guidelines Worksheet.
Child Care Expenses
Child care costs enabling parents to work or attend school are factored into child support calculations. Allowable child care expenses include:
- Daycare and preschool costs
- Before and after school care
- Summer camps and programs
- Babysitting for work or education purposes
Parents share child care costs proportionally based on their income percentages. Document these expenses carefully, as courts require proof of actual costs and that care is necessary for work or education.
Other Support Obligations
If either parent pays child support or alimony for children from previous relationships, these existing obligations reduce available income for current child support calculations. Parents must document court-ordered payments to other children or former spouses on the Child Support Guidelines Worksheet.
However, only court-ordered support payments reduce income - voluntary payments to other children or informal arrangements do not receive the same treatment.
Getting a Child Support Order
Obtaining a child support order requires filing appropriate paperwork with the Massachusetts Probate and Family Court and attending a hearing where a judge issues the order.
Filing Process
To get a child support order, parents must:
- Complete required court forms including complaints or petitions and financial statements
- File forms with the appropriate Probate and Family Court serving their county
- Pay filing fees or request fee waivers if unable to afford costs
- Serve copies of paperwork on the other parent (in contested cases)
- Complete the Child Support Guidelines Worksheet with all required financial information
- Attend scheduled court hearings
Massachusetts Court Service Centers provide assistance with form completion at seven courthouse locations and through phone or Zoom appointments. However, these centers provide procedural help only - they cannot offer legal advice about your specific situation.
The Court Hearing
At the child support hearing, both parents present financial information and evidence about children's needs. The judge reviews:
- Completed financial statements from both parents
- Child Support Guidelines Worksheets
- Documentation of income, health insurance costs, and child care expenses
- Parenting time arrangements
- Any other relevant financial information
After considering all evidence, the judge issues a written child support order signed by the court specifying:
- The amount of child support to be paid
- Payment frequency (typically weekly)
- Payment method and where payments should be sent
- Duration of support obligations
- Health insurance requirements
- Any deviations from standard guidelines with supporting reasons
Temporary Support Orders
During divorce or custody proceedings, either parent can request temporary child support orders addressing immediate needs while the case is pending. Courts typically schedule hearings on temporary support motions within 2-4 weeks, and temporary orders remain in effect until final child support orders are issued.
Payment and Enforcement of Child Support
Massachusetts requires child support payments to be made through the Department of Revenue in most cases, with income withholding ensuring consistent payment.
Income Withholding
When courts issue child support orders, they simultaneously order 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 child support from each paycheck automatically
- The employer sends withheld funds to the Massachusetts Department of Revenue
- The Department of Revenue processes payments and forwards them to the custodial parent
Income withholding is required by law and provides important benefits including ensuring timely payments, creating clear payment records, and reducing disputes about payment amounts or timing.
Enforcement Through DOR
The Massachusetts Department of Revenue Child Support Services Division (DOR/CSS) enforces child support orders when parents fail to pay. Enforcement methods include:
- Income Withholding: Withholding up to 50-65% of disposable earnings to satisfy current support and arrears
- Tax Refund Intercepts: Intercepting federal and state tax refunds to pay overdue child support
- License Suspension: Suspending driver's licenses, professional licenses, business licenses, and recreational licenses for non-payment
- Liens and Property Seizure: Placing liens on real estate, vehicles, and personal property, and seizing assets to satisfy child support debt
- Credit Reporting: Reporting arrears to credit bureaus, damaging credit scores and making it difficult to obtain loans
- Passport Denial: Requesting passport denial or revocation for significant arrears (typically over $2,500)
Contempt Proceedings
Either parent or DOR can file contempt complaints when support obligations are not met. In contempt proceedings, judges determine whether parents willfully failed to pay support. Parents found in contempt face consequences including fines, jail time, or both. Courts can order immediate payment of arrears and impose payment plans.
Unpaid child support accrues interest at 0.5% monthly plus an additional 0.5% monthly penalty. These charges accumulate until all arrears are paid, significantly increasing total debt over time.
Modifying Child Support Orders
Child support orders can be modified when circumstances change substantially, but modifications require court approval and are not automatic.
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, reduced hours)
- Changes in child care expenses or health insurance costs
- Modifications to parenting time or custody arrangements that affect where children spend time
- Changes in children's needs such as medical conditions or educational requirements
- Birth of additional children affecting financial circumstances
Minor income fluctuations or temporary changes generally do not justify modification. The change must be substantial enough to significantly affect the appropriate support amount under current guidelines.
Filing for Modification
To modify a child support order:
- File a Complaint for Modification with the Probate and Family Court
- Complete new financial statements showing current income and expenses
- Prepare updated Child Support Guidelines Worksheets
- Serve the complaint on the other parent
- Attend a court hearing where both parents present evidence of changed circumstances
- Obtain a new court order reflecting modified support amounts
Modifications typically take effect from the filing date, not retroactively to when circumstances changed. Parents should file modification complaints promptly when circumstances warrant adjustment.
Automatic Review
The Department of Revenue reviews child support orders every three years upon request from either parent. DOR examines both parents' current financial information and applies 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.
Child Support Duration
Massachusetts child support obligations typically continue until children reach specific milestones, though support doesn't automatically end at age 18.
Standard Termination Ages
Child support generally ends when children:
- Reach age 18 and have graduated from high school
- Turn 21 if they haven't graduated from high school or remain principally dependent on a parent
- Turn 23 if they remain principally dependent on a parent and attend college full-time
"Principally dependent" means children continue living with a parent and relying on that parent for primary financial support. Children away at college are still considered principally dependent if they return to a parent's home during breaks.
Continuing Support Beyond 18
Child support obligations often extend beyond age 18 when:
- Children are still enrolled in high school
- Children live with one parent and remain financially dependent
- Children attend undergraduate college full-time and depend on parental support
Parents cannot unilaterally stop paying child support when children turn 18 unless the court order specifically states support automatically terminates at that age. Stopping payments without a court order can result in arrears, contempt findings, and significant financial penalties. Always obtain a court order before terminating child support payments.
Child Support and Parenting Time
While child support and parenting time are separate issues, they interact in important ways.
Independent Obligations
Child support obligations exist independently of parenting time 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 rights
Courts handle support and parenting time as separate matters, each based on children's best interests.
Effect on Calculations
However, parenting time arrangements significantly 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 recognizing both parents directly incur expenses during their parenting time. Greater time-sharing typically reduces support payments from the higher-earning parent.
Working with Family Law Attorneys
While parents can handle child support cases without attorneys, legal representation provides important benefits, especially in complex situations.
When Legal Help Is Essential
Consider consulting a family law attorney when:
- The other parent is self-employed or has complex income sources
- You suspect income misrepresentation or hidden earnings
- Significant modifications to existing orders are needed
- The other parent is not complying with support orders
- Your case involves high conflict or communication difficulties
- Complex issues like imputed income or deviation from guidelines arise
Benefits of Legal Representation
Family law attorneys help with:
- Completing Child Support Guidelines Worksheets accurately
- Gathering financial documentation and evidence
- Negotiating fair support arrangements
- Representing you at court hearings
- Enforcing support orders when payments are not made
- Protecting your legal rights throughout proceedings
From determining each parent's income and considering health insurance costs and child care expenses to understanding parenting time's effect on support amounts, the child support calculation process balances children's needs with parents' ability to pay.
Whether establishing initial child support orders, modifying existing orders due to changed circumstances, or enforcing support obligations through the Department of Revenue or contempt proceedings, knowing Massachusetts child support basics protects both your rights and your children's wellbeing throughout divorce, separation, or paternity proceedings in the Probate and Family Court.