REVISED MASSACHUSETTS CHILD SUPPORT GUIDELINES AS OF AUGUST 1, 2013

REVISED MASSACHUSETTS CHILD SUPPORT GUIDELINES AS OF AUGUST 1, 2013

 

                Massachusetts has revised the Child Support Guidelines with the new guidelines scheduled to take effect on August 1, 2013. The guidelines adjust the formula for child support and fills in some gaps.  A summary of some of the changes follows:

                 As a general matter, the new Guidelines lower the amount of money paid in support for one child and increase the amount for more than one child. It is impossible to state that for all people the result will be the same because the formula is based on many factors including the income of both parents. However, it appears that some payers will pay 10% to 15% less if there is only one child. As the number of children increases, the amount to be paid will increase as the Guidelines increase the amount paid with more children.

                 The Guidelines eliminate from the definition of income now excludes certain government benefit programs such as Social Security Income and SNAP (welfare) benefits.

                 The Guidelines give Judges discretion to consider income from secondary jobs and overtime. This will require Judges to either incorporate the income from these sources in the Guideline calculations or explain why the money is excluded. I expect that in most cases, the income will be included.

       

                The Guidelines make it clear that child support calculations should not stop if the combined income reaches $250,000.00. When the income exceeds this amount, the Guidelines no longer provide a formula but the Judge should make an order for additional support to be paid or explain why additional support should not be paid.

 

                The Guidelines are based on the assumption that custody is shared by the parents on a 2/3rd – 1/3rd basis. This is the situation when the non-primary parent has the child every other weekend and one evening a week. If the non-primary parent is with the child less than 1/3rd, the parent should pay more. If the parent is with the child more than 1/3rd, the parent should pay less. The former Guidelines had a formula for a 50 – 50 split of custody. This formula remains. What is new is that there is now a formula for calculating child support when the non-primary parent has the child between 1/3rd and ½ of the time. What is missing from the Guidelines is rules on how to calculate time with the child. Do you count nights? Do you count hours? How do you calculate time when the child is in school? Over time the Courts will adjust to these issues.

                 The Guidelines have language to give additional guidance for Judges when the child is over 18 years old. The Guidelines do not give a formula for Judges in this instance.

 

Six particularly noteworthy changes from the previous guidelines to note are:

 

• The 2013 guidelines calculate each parent’s percentage of total available combined income up to $250,000 per year and a “combined support amount.” This is a new method of looking at support — as a total obligation of both parents.

• The 2013 guidelines clarify what is to occur when the combined income of the parties’ exceeds $250,000 per year.  The guidelines are applied on the first $250,000 in the same proportion as the Recipient’s and Payor’s actual income compared to the total combined income.  There is now a space on the form to list how much income remains available to either parent above the $250,000 combined total.   The child support obligation for the portion of combined available income that exceeds $250,000 is in the discretion of the Court.

 

• The guidelines themselves now provide that a child support order may be modified if there is an inconsistency between the amount of the existing order and the amount that would result from the application of the new child support guidelines, in keeping with the recent decision in Morales v. Morales.  However, if the Department of Revenue is providing benefits to a party and there was an order for child support issued less than three years previously, a material change in circumstances must be shown in addition to an inconsistency with the new guidelines.

 

• There is now a “deviation form” that must be filled out where there is an upward or downward deviation from the guidelines amount.  Circumstances justifying a deviation are expanded and now include extraordinary health insurance expenses, child care costs that are disproportionate to income, or when a parent is providing less than one-third parenting time.

 

• Some, all, or none of income from overtime may be considered by the court in setting support, regardless of whether overtime income was earned prior to the support order.

 

• For support of children over the age of 18, the court may consider a child’s living arrangements and post-secondary education.  Contribution to post-secondary education may be ordered after consideration of several factors set forth in the Guidelines and, if there is a contribution to education, it must be considered in setting the weekly support order.

 

 Probate Court has a web site which provides the new Guidelines and forms. There are other changes, which make it worthwhile for all parents who pay or receive child support to read and understand the new guidelines, and I encourage anyone who is interested in these new changes to read the  Definitions and preamble explaining the new guidelines. They can be found at:

 http://www.mass.gov/courts/childsupport/2013-child-support-guidelines.pdf

 

As always, if you have, or someone you know has, any questions, please feel free to contact my office. 

Please remember that this answer is provided in the spirit of public education, not as legal advice. If you require legal advice for a particular situation, you should consult an attorney.