Posts Tagged child support

Understanding Child Support in Massachusetts

Divorce cases involving children often require a court decision regarding which parent should have physical and/or legal responsibility. Whether granted joint or sole custody, physical custody designates where the child will actually live. The parent who the child resides with most of the time is considered the custodial parent.

The non-custodial parent may be required to provide for a child or children in the form of child support, which is paid to the custodial parent. Strict guidelines are used by the court to determine the amount of child support to be paid.

How Child Support is Determined Both parents’ income and expenses are used to establish how child support is determined and paid. Child Support Guidelines are applied to all child support orders and judgments to be used by the justices of the Trial Court.

Many considerations were taken into account when establishing Child Support Guidelines, including parental financial responsibility, … Read More »



Modifying Child Custody Agreements: For Safety’s Sake

Final Judgement, Not Final Word

In awarding custody, the goal of a family court, above all, is the safety and wellbeing of the child or children involved. One of these factors is consistency, so courts will be hesitant to change what is called a “final” custody order. While it is possible for later modifications to be made, unless both parents agree to the changes, this is a protracted process.

One exception is when there is a real and imminent threat of harm to a child.

Defining Harm

In Massachusetts, child abuse is defined as a parent or other caretaker either causing physical harm to a child or putting the child in reasonable fear of being harmed. A collection of these incidents, called “a pattern of abuse” in the law can be grounds for modifying custody arrangements and other protective actions, such as mandating supervised visitation between the parent and the … Read More »



Out of State Child Support Modification

Child Support and Out-of-State Issues

Whether one parent is living just over the Massachusetts border in New Hampshire but still commutes to Boston every day, or whether the one parent is living on the West Coast while the children live with the other on the South Shore, issues of state jurisdiction may come into play when seeking to modify a Massachusetts child support agreement.

Changing Circumstances, Modifying Orders In Massachusetts, child support is governed either by temporary orders or by final judgements. Temporary orders govern the terms of child support while there is still open legal action in process to establish a final judgement.

The term “final judgement” is something of a misnomer. “Final” does not mean that the judgement can never be altered again. A child support final judgement may be renegotiated in the future. This can be done with the agreement of both parents, or one parent may … Read More »