Debra L. Smith, Attorney at Law

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" colspan=2 height=110 BGCOLOR="#666699" TEXT="#080000" bgproperties="fixed" background="0a200840erlcjm.gif"> <div> <FONT SIZE="5" COLOR="#FFFFFF" FACE="Arial" ><B>Debra L. Smith, Attorney at Law and Mediator</B></FONT><B>     |     </B><A HREF="index.htm" TARGET="_top" TITLE="Debra L. Smith, Attorney at Law and Medi"><U><B>home</B></U></A></div> <div>                                                   </div> <div> </div> </td> </tr><tr> <td valign="top" width=190 BGCOLOR="#CCCCFF" TEXT="#080000" background="09c11c00egdysm.gif"> <bR> </td> <td valign="top" height=370 BGCOLOR="#FFFFFF" TEXT="#080000"> <div> Massachusetts Child Support Guidelines</div> <div> <U>The New Massachusetts Child Support Guidelines</U></div> <bR> <div> On January 1, 2009, Massachusetts revised the Child Support Guidelines for determining the amount of child support one parent pays to the other. These Child Support Guidelines provide a mathematical formula for how much a parent will pay to the other parent with the child or children.  The parent who pays child support is now called the “payor”, formerly called noncustodial parent.  The parent who receives child support is now called the “recipient”, formerly called the custodial parent. </div> <div>      </div> <div> <U>Do they Apply</U>?</div> <bR> <div> The Massachusetts Child Support Guidelines apply to parents who are married or unmarried for use in temporary, permanent or final orders or if the child support order is three years old or over in court in Massachusetts.  These guidelines apply to cases involving children who are 1-18 and children who are over 18 and in high school.  They also are based on a child living with one parent and spending one-third of the time with the other parent.</div> <bR> <div> The judge has discretion in awarding child support for children in post-high school academic </div> <div> programs, but the court will look at where the child lives, what resources the parents have, what the cost of the educational program is, who is paying for what costs, what the academic circumstances are and what financial aid is available.</div> <bR> <div> These Guidelines do not apply if both parents earn more that $250,000 per year. However, the court should consider the amount of child support based on $250,000 of the parents combined income and additional child support may be ordered depending on the judge’s discretion.</div> <bR> <div> <U>What is Considered in the Child Support Guideline Worksheet?</U></div> <bR> <div>      Income has to be determined for both parents.  Then the child support calculation is done.</div> <bR> <div> <U>Income</U></div> <bR> <div> Income is determined for both parents by listing the amount of gross weekly income minus certain deductions.  Gross income is the money a parent earns before taxes, health insurance and any other deductions are made.  The reasonable child care costs are then deducted.  The child care costs that the court allows are child care when a parent goes to work or when a parent attends training or education necessary to obtain gainful work or enhance their ability to earn more money.  The amount of health insurance that both parents paid is deducted. Dental and vision costs that are paid are next deducted.  Last, under income, is the amount of other support obligations that are paid.  The available income is determined for both parents and then that amount is added together.</div> <bR> <div> The income definition is more detailed then the former Massachusetts Child Support Guidelines.  The court could disregard overtime and second jobs, but has to look at factors such as the history of the income, if it is expected that the extra income would continue, the economic needs of the parents and children, the overtime impact on a parenting plan and if the extra work is required by a parent’s job. If one gets a second job after a child support order or overtime is made, it is not to be considered.</div> <bR> <div> <U>Child Support Calculation</U></div> <bR> <div> The child support calculation is then based on a chart under “Table A” for one child.  Then under Table B, there is an amount for each child such as: one child’s adjustment is 1.00, two children is 1.20, three children is 1.27, 4 children is 1.32 and five children is 1.35.  If one has more than five children, then one needs to use the calculation for five children.  </div> <bR> <div> The formula is based on multiplying the amount of combined support for one child by the adjustment for more than one child. Then the recipients percentage of combined income of both parents is divided by the amount of available income to get a percentage.   The recipient’s share of combined support is subtracted from the shared support.  The amount of support is the combined support amount minus the recipient’s share of combined support amount.  The weekly support amount is the percentage of the recipient income.  The payor’s final weekly amount is then determined.  </div> <bR> <div> However, if the weekly support amount is 10% or more then the payor’s amount, 10% is divided by the weekly support amount as a percentage of the recipient income times the payor’s proportional weekly support amount.  </div> <bR> <div> The calculations may appear to be complex, but the formula is online and the figure automatically calculate the figures for a parent.  To review the formula, please visit: <U>http://www.mass.gov/courts/childsupport/worksheet-child-support-guidelines.pdf</U>.</div> <bR> <div> <U>What Are Major Changes In Addition to this Formula</U></div> <bR> <div> There are numerous changes in the new Child Support Guidelines.  Some of the major ones not mentioned previously are: </div> <div> -the $20,000 disregard from the recipient parent’s income where the child lived has been eliminated;  </div> <div> -any increase when a child turns 13 has been eliminated;  </div> <div> -These guidelines also presume that children live with one parent and spend about one third of the time with the other parent; </div> <div> -In the event that both parents share time and split custody, then the child support guidelines are now considered;  </div> <div> -If a child is over the age of 18 and not in college, child support discretionary factors are now used; </div> <div> -The uninsured medical expenses now combine health, dental and vision and the amount per year paid by the recipient parent is now $250.00, up from $100.00; and</div> <div> -To modify a prior child support order, the 20% discrepancy has been eliminated to a three year review or any change in the availability of health insurance.  </div> <bR> <bR> <div> <U>Conclusions</U></div> <bR> <div> To conclude, the Child Support Guidelines provide a mathematical formula to determine how much a parent must pay to the parent who has the children.  It is helpful if one has their pay stub and other sources of weekly gross income available, day care expenses, the weekly health insurance, dental and vision costs paid and other child support obligations paid when calculating the Child Support Guidelines.  One needs to follow the directions as stated in the formula to calculate what needs to be paid under the revised Guidelines.  </div> <bR> <div> This article is intended only for informational purposes.  It is not intended to provide legal advise.</div> <bR> <div> Copyright 2009  Debra L. Smith</div> <bR> </td> </tr></table></body>