Child Support Guidelines and You

On August 1, 2013 Massachusetts updated the Child Support Guidelines. If you are currently receiving support through a child support order that was entered prior to August 1, 2013 you may be entitled to a modification of that order. The updated Child Support Guidelines contain a number of new provisions that may not have been considered when your support order was entered, the most common change that I am seeing in my own practice is the following:

"These guidelines are based upon the child(ren) having a primary residence with one parent and spending approximately one-third of the time with the other parent. If parenting time is less than one-third for the parent who is not the residential parent, the Court may consider an upward adjustment to the amount provided under the child support guidelines."

What does this mean in plain English? If your child's other parent (the non-custodial parent) does not have parenting time at least 30% of the time and they are currently paying guideline support, that number may be too low. An example would be that over the course of a typical 31 day month if the non-custodial parent has the child less than 10.23 days than the guidelines (and thus your support award) may be modified up to reflect this lack of parenting time. A "typical" visitation order may reflect alternate weekends with one weekly dinner visit, or 10 days per month (assuming a weekend is Friday - Sunday). If your child is having less visitation with their non-custodial parent then that, you may be entitled to a modification of your child support.

Ensuring the proper level of support for your child is of paramount importance and you should consult with a qualified family law attorney to discuss your rights. As always my office offers free consultations either in person, or on the telephone.