A child support order is a legally binding court document that requires one parent to provide financial support for their child. In Massachusetts, these orders ensure that children receive the financial care they need, regardless of whether their parents live together.
What Is a Massachusetts Child Support Order?
A Massachusetts child support order is an official court judgment issued by the Probate and Family Court that requires one parent, typically the non-custodial parent, to make regular financial payments to support their child. These court orders establish the amount to be paid, the payment schedule, and additional responsibilities such as providing health insurance coverage for the child.
Child support orders in Massachusetts are based on the Massachusetts Child Support Guidelines, which provide a standardized formula for calculating support amounts. The guidelines take into account both parents' income, the number of children requiring support, health insurance costs, childcare expenses, and the amount of time each parent spends with the child. The judge can order child support as part of various legal proceedings, including divorce cases, legal separation, custody disputes, or standalone child support actions.
Who Pays the Child Support?
Both parents have a legal duty to support their children financially under Massachusetts law. The custodial parent, who has primary physical custody and provides day-to-day care, typically receives child support payments from the non-custodial parent. However, the court recognizes that the custodial parent contributes directly to the child's support through daily expenses like housing, food, and clothing. Therefore, the non-custodial parent pays child support to help balance the financial responsibility between both parents.
Child support covers essential needs including shelter, food, clothing, education, and medical care not covered by insurance. In some cases, the court orders may also require the non-custodial parent to contribute to extracurricular activities, private school tuition, or other expenses related to the child's well-being and development.
It is important to understand that child support is the right of the child, not the custodial parent. This means that parents cannot simply agree between themselves to waive child support without court approval. Even if parents maintain a friendly relationship and share parenting responsibilities equally, a formal child support order may still be necessary to ensure the child's financial needs are met consistently.
Who Can Request a Child Support Order in Massachusetts?
Under Massachusetts law, any parent raising a child and living separately from the other parent can seek a child support order, regardless of marital status. You do not need to be divorced or have been married to the other parent to request child support. Both married and unmarried parents have equal rights to pursue child support through the courts.
For unmarried parents, establishing legal parentage is a necessary first step before the court can issue a child support order. Massachusetts law presumes that a person is the parent of a child if they were married to the person who gave birth at the time of the child's birth. However, when parents are unmarried, parentage must be legally established before child support proceedings can move forward.
Parents can establish parentage in two ways. The voluntary method involves both parents signing an Acknowledgment of Parentage form in front of a notary public or at the hospital when the child is born. This document legally recognizes both individuals as the child's parents. Alternatively, either parent can file a parentage petition in court, and the judge can order genetic testing to determine biological parentage through this legal process.
The custodial parent typically files for child support, but the non-custodial parent can also request that the court establish a formal support order. Having an official court order protects both parents by creating clear expectations and legal documentation of support obligations. This prevents misunderstandings and provides a legal framework for enforcement if payments are not made as required.
Child support can be filed as part of several different legal proceedings. During divorce proceedings, child support is typically included as part of the overall divorce judgment. Parents can also file a complaint for support as part of a custody case, a legal separation, or as a standalone action specifically requesting child support. Additionally, temporary child support orders can be issued as part of a 209A abuse prevention order to ensure children receive financial support while their parents address safety concerns.
The Massachusetts Department of Revenue Child Support Services Division also assists parents in establishing and enforcing child support orders. Parents receiving certain public benefits may be required to cooperate with the Department of Revenue in establishing paternity and obtaining child support orders as a condition of receiving assistance.
How to Get a Child Support Order in Massachusetts
Obtaining a child support order in Massachusetts involves following specific legal procedures through the Probate and Family Court system. Understanding these steps helps ensure your case moves forward smoothly and that the court has all necessary information to make a fair decision.
Step 1: Determine the Appropriate Court
The first step is identifying which Probate and Family Court has jurisdiction over your case. Generally, you file a complaint for support in the county where either you or the other parent lives. Massachusetts has 14 Probate and Family Court locations throughout the state, each serving specific counties and regions. If you already have an existing custody order or divorce case, you typically file in the same court that issued the original order.
Step 2: Complete Required Forms
To initiate a child support case, you must complete and file specific court forms. The primary document is a Complaint for Support, which formally requests that the court establish a child support order. If you and the other parent agree on the terms, you can file a Joint Petition instead, which streamlines the process since both parties consent to the arrangement.
You will also need to complete a detailed Financial Statement form. This comprehensive document requires you to disclose your income, expenses, assets, debts, and other financial information. The court uses these financial statements from both parents to calculate the appropriate child support amount according to the Massachusetts Child Support Guidelines. Financial statements must be accurate and complete, as they form the basis for the court's decision.
Step 3: File Forms with the Court Clerk
Once you have completed all necessary paperwork, take the forms to the clerk's office at the appropriate Probate and Family Court. When you file on your own as the parent initiating the case, it typically costs $50 to file a Complaint for Support, plus an additional $5 fee for the summons. However, if your income is low, you can request a waiver of court fees by completing an Affidavit of Indigency form, which documents your financial situation. If the clerk approves this affidavit, the state pays the filing fees on your behalf.
Step 4: Serve the Other Parent
After filing your complaint, you must formally notify the other parent about the legal action. This process, called service of process, involves having a deputy sheriff or constable personally deliver the complaint and summons to the other parent. Service typically costs between $35 and $45, though this fee can also be waived if you qualify for indigency status.
The summons informs the other parent that you have filed for child support and provides information about their right to respond. Proper service is legally required to ensure the other parent has notice and an opportunity to participate in the case. After service is completed, the deputy sheriff or constable returns the summons to you with a section called "Proof of Service" filled out, confirming that the other parent received the documents.
Step 5: File Return of Service and Schedule a Hearing
After receiving the completed proof of service, you must file it with the court clerk. This step, called making "return of service," officially notifies the court that the other parent has been properly served. You should keep a copy of the signed original summons for your records.
Next, you schedule a court hearing date by contacting the court clerk's office. The clerk provides instructions specific to that court's scheduling procedures. Both you and the other parent must attend this hearing, where a judge will review the case and make decisions about child support.
Step 6: Exchange Financial Information
Before the hearing, both parents must exchange copies of their completed Financial Statement forms. This ensures both parties have access to the same financial information the judge will review. Transparency in financial disclosure helps the court calculate fair and accurate child support amounts. If the other parent fails to provide their financial statement, you can request that the court compel them to do so.
Step 7: Attend the Court Hearing
At the scheduled hearing, both parents appear before a judge to present their case. The judge reviews the financial statements, considers any special circumstances, and applies the Massachusetts Child Support Guidelines to determine the appropriate support amount. Parents may testify about their financial situations, the child's needs, and any factors they believe should influence the support order.
The judge can order child support based on the standard guidelines or may deviate from the guidelines if specific circumstances warrant a different amount. After hearing from both parents and reviewing all documentation, the judge issues a child support order that specifies the payment amount, payment schedule, and any additional obligations such as health insurance coverage.
Massachusetts Child Support Guidelines
The Massachusetts Child Support Guidelines provide a formula that courts use to calculate child support amounts fairly and consistently across the state. The Probate and Family Court updates these guidelines every four years to reflect changes in economic conditions and living costs. Understanding how these guidelines work helps parents anticipate what support amount the court may order.
The guidelines use several key factors in their calculation:
Gross Income
The court considers the weekly gross income of both parents before any deductions. This includes wages, salaries, tips, bonuses, commissions, and other forms of regular income. For self-employed parents, the court examines business income and may consider unreported income, expense reimbursements, and personal use of business property when determining actual income.
Childcare Costs
Expenses for childcare that allow parents to work or attend school are factored into the calculation. These costs receive a dollar-for-dollar deduction from the paying parent's income.
Health Insurance Premiums
The cost of health insurance coverage for the child is deducted from the gross income of whichever parent provides the coverage. Combined adjustments for childcare and health insurance costs are capped at 15% of the child support order.
Existing Support Obligation
If a parent pays child support for children from previous relationships through a court order, that amount is deducted from their gross income when calculating support for additional children.
Number of Children
The guidelines include different percentages based on how many children require support, with the percentage increasing as more children are involved.
Parenting Time
The amount of time each parent spends with the child affects the calculation. Parents who provide substantially less than one-third of parenting time typically pay the full guideline amount, while those with more equal parenting arrangements may see adjustments.
The court calculates support based on these combined factors and issues an order specifying a weekly payment amount. While the guidelines provide a presumptive amount, judges have discretion to deviate from the calculated figure if they determine that the guideline amount would be unjust, inappropriate, or not in the child's best interest.
When Can You Modify a Child Support Order?
Child support orders are not permanently fixed and can be modified when circumstances change substantially. Massachusetts law recognizes that parents' financial situations and children's needs evolve over time, making modifications necessary to ensure support orders remain fair and appropriate.
Grounds for Modification
To modify an existing child support order, a parent files a Complaint for Modification with the Probate and Family Court that issued the original order. The court requires evidence of a material and substantial change in circumstances since the last order was entered. Common reasons that justify modification include:
Income Changes
Significant increases or decreases in either parent's income warrant modification. This includes job loss, promotion, career changes, or changes in business income for self-employed individuals.
Change in Parenting Time
If the custody arrangement changes and children spend significantly more or less time with one parent, the support amount should be adjusted to reflect the new parenting schedule.
Health Insurance Changes
When health insurance coverage becomes unavailable, changes carriers, or becomes available at significantly different costs, modification may be appropriate.
Guideline Differences
If there is a substantial difference between the current support order and what the guidelines would produce based on current circumstances, this alone can justify modification.
Changes in Child's Needs
As children grow, their expenses change. Increased costs for education, medical needs, extracurricular activities, or special needs may warrant modification.
Unemployment or Underemployment
If the paying parent becomes unemployed or accepts lower-paying work, they may request a modification. However, the court will examine whether the parent is making reasonable efforts to find appropriate employment.
The Modification Process
To request a modification, follow similar steps to obtaining the initial order. File a Complaint for Modification with the court clerk, pay the filing fee (or request a fee waiver), serve the other parent with the complaint and summons, exchange updated financial statements, and attend a court hearing. The court cannot modify support retroactively to dates before the complaint was filed, so it is important to file promptly when circumstances change rather than waiting until arrears accumulate.
If both parents agree to the modification, they can file a Joint Petition for Modification, which typically results in a faster process since the court only needs to review and approve the agreement rather than resolve a dispute.
How Child Support Is Enforced in Massachusetts
When a parent fails to pay child support as ordered, Massachusetts provides multiple enforcement mechanisms to ensure children receive the support they need. Both the Probate and Family Court and the Massachusetts Department of Revenue (DOR) Child Support Services Division have the authority to enforce child support orders.
Department of Revenue Enforcement
The DOR Child Support Services Division handles most child support enforcement in Massachusetts. When payments are missed, the DOR can take several administrative actions without requiring a new court hearing:
Income Withholding
The most common enforcement method involves automatic wage garnishment, where child support is deducted directly from the paying parent's paycheck before they receive it. Employers are legally required to comply with income withholding orders.
Tax Refund Intercepts
The DOR can intercept federal and state tax refunds and apply them toward unpaid child support arrears.
Bank Levies
The agency can freeze bank accounts and withdraw funds to cover past-due support.
Property Liens
The DOR can place liens on real estate, vehicles, and other valuable property, preventing the parent from selling or refinancing until the debt is paid.
License Suspension
When arrears reach certain thresholds, the DOR can suspend driver's licenses, professional licenses, recreational licenses, and other permits.
Credit Reporting
Unpaid child support is reported to credit bureaus, damaging the parent's credit score and affecting their ability to obtain loans or housing.
Passport Denial
When past-due support exceeds $2,500, the federal government can deny or revoke the parent's passport.
Court Enforcement Through Contempt
When the DOR's administrative enforcement proves insufficient or when parents need more immediate court intervention, the custodial parent can file a Complaint for Contempt with the Probate and Family Court. This legal action asks the judge to find the paying parent in civil contempt for willfully violating the child support order.
At a contempt hearing, the parent who filed the complaint must prove that a valid court order exists, the paying parent could comply, and the parent willfully failed to make required payments. If the judge finds contempt, possible consequences include:
- Ordering immediate payment of arrears
- Establishing a repayment schedule for past-due amounts
- Imposing fines and court costs
- Suspending licenses
- Issuing a capias warrant (arrest warrant)
- Ordering incarceration until payment is made
Jail time for unpaid child support is coercive rather than punitive, meaning its purpose is to pressure the parent to pay rather than to punish them. Parents can often avoid or end incarceration by making payment or establishing a payment plan.
Interest and Penalties on Arrears
Massachusetts law automatically charges interest and penalties on past-due child support. When arrears exceed $500 and minimum monthly payments are not made, the DOR assesses 0.5% monthly interest and an additional 0.5% monthly penalty on the outstanding balance. These charges accumulate on the last day of each month and continue until the debt is fully paid or a qualifying payment plan is established.
Some parents may qualify for exemption from interest and penalties if they receive certain public benefits like Supplemental Security Income (SSI) or can demonstrate extreme financial hardship. Parents seeking exemption must file a request for administrative review with the DOR.
Duration of Child Support in Massachusetts
Understanding how long child support obligations last is important for both parents planning for the future. Unlike some states where support automatically ends when a child turns 18, Massachusetts takes a more nuanced approach that considers the child's dependency on the custodial parent.
Basic Duration Rules
Child support in Massachusetts does not automatically terminate when a child reaches age 18. Instead, support may continue under several circumstances:
High School Students
If a child turns 18 but remains enrolled in high school and lives primarily with one parent, Massachusetts law treats them as a minor for child support purposes. Support continues until graduation or the child reaches age 19, whichever comes first.
Principally Dependent Children Ages 18-20
Support may continue for children in this age range if they remain "principally dependent" on the custodial parent. Courts determine principal dependency by examining whether the child continues to live primarily in the custodial parent's home, even if they attend college and return only during breaks.
College Students Ages 21-23
The court may order support for children in this age range if they are enrolled full-time in an undergraduate educational program and remain domiciled in the custodial parent's home while principally dependent on that parent. Support for this age group is discretionary and depends on factors including:
- The cost of education and each parent's contribution
- Availability of financial aid
- The child's academic performance
- Each parent's financial circumstances
- The reasons the child remains dependent
No child support order in Massachusetts can extend beyond the child's 23rd birthday, regardless of circumstances.
Factors Courts Consider for Extended Support
When a parent files a Complaint for Modification seeking to terminate support for a child over 18, the judge evaluates several factors:
- Whether the child lives primarily with the custodial parent
- The child's college enrollment status and academic progress
- Each parent's financial ability to contribute to support and education costs
- Whether financial aid is available to the student
- The child's living arrangements during school terms and breaks
Emancipation and Support Termination
Child support may end earlier than age 18 if the child becomes emancipated. Emancipation occurs when a minor demonstrates independence from parental support and control. Common circumstances include marriage, military service, or court-issued emancipation orders. However, simply moving out of the custodial parent's home or obtaining employment does not automatically emancipate a minor.
Proper Termination Procedures
Parents cannot unilaterally stop paying child support simply because they believe the child has reached an age or circumstance that ends the obligation. Unless the original court order specifically states that support automatically terminates at age 18 or upon high school graduation, the paying parent must obtain a court order before stopping payments. Parents who stop paying without court authorization risk accumulating arrears, facing enforcement actions, and owing significant debt with interest and penalties.
To properly terminate a child support obligation, file a Complaint for Modification requesting termination and provide evidence that the child no longer meets the criteria for support. The court will schedule a hearing and issue a formal order ending the support obligation if appropriate.
Child support is ultimately about providing for children's needs and ensuring both parents contribute fairly to their upbringing. By understanding the system and following proper legal procedures, parents can establish fair support orders that serve their children's best interests while respecting each parent's rights and financial capabilities.