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Massachusetts Child Support Guidelines

Child Support Guidelines provide a mathematical formula for how much a parent will pay to the parent who has physical custody of the children.  The parent who pays child support is called the noncustodial parent. Since the Child Support Guidelines are different in other states, this article only discusses the Child Support Guidelines in Massachusetts.  

Do They Apply?

First, do the Child Support Guidelines in Massachusetts apply?  These Guidelines do not apply if both parents earn more than $135,000 per year and if the noncustodial parent earns more than $100,000 a year.  The Child Support Guidelines do not apply in split custody cases or, for example, if there are two children in a family and each parent has a child in their custody.

Basic Order

The mathematical formula under the Child Support Guidelines uses the gross, not net weekly income of the noncustodial parent.  Most noncustodial parents need only look at their pay stub to determine their gross weekly income.  However, the court considers 25 other sources of income as gross income.

The formula first requires a noncustodial parent to determine what percentage of the gross income called the "Basic Order" that he or she must pay.  The minimum a noncustodial parent can pay is $80.00 per month.

There are four ranges that one must look at to determine how much one must pay to the noncustodial parent for the Basic Order.  The ranges are $0-$100,
$1001-$280 and $751-max.  The percentages depend on how much the noncustodial parent earns and the number of children the parents have.  One has to look at the formula, then do the math to determine the Basic Order.

Age Differential

The noncustodial parent has to pay an additional 10% if the oldest child is between 13 and 18 years old.

The "Custodial Parent Income Adjustment" is a credit to the noncustodial parent if the parent who has custody of the children is working.  That credit is $20,000.

Can One Change an Existing Child Support Order?

The Child Support Guidelines allow one to seek a modification if there is a 20% change between the old order and a proposed new order after the formula is used.  The Child Support Guidelines state that "A modification may be allowed upon showing a discrepancy of 20% or more between an established order and a proposed order and a proposed new order calculated under these guidelines."

Conclusions

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 income available, day care expenses and tax returns available when calculating the Child Support Guidelines.  One needs only to follow the directions as stated in the formula to calculate what needs to be paid under the revised Guidelines.

To review the revised Child Support Guidelines in Massachusetts and the formula, please visit: http://www.mass.gov/courts/formsandguidelines/csg2002.html.

This article is intended only for informational purposes.  It is not intended to provide legal advise.

Copyright 2005 Debra L. Smith

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