Parents have a legal responsibility to support their children financially and this duty persists even when they separate or divorce. The parent without primary residential/physical custody (the parent with less time together with the child) will pay child support to the other parent.
*There are two types of parental custody: legal custody and residential/physical custody. Legal custody is the right to make decisions regarding the child, while residential/physical custody is the right for the parent to reside with the child.
The cost for childcare is proportionally divided based on both parents’ income. For example, if the parents’ monthly incomes are $7,000 and $3,000, respectively, the responsibility for paying child support will be split 7:3. However, since the parent with primary custody directly puts their amount into caring for the child, they are not required to pay their share of support.
All forms of income are considered when calculating the total child support.
• Salaries, wages, overtime pay, bonuses, tips
• Income from self-employment/business
• Commission payment
• Retirement payment
• Royalties
• Interest/dividends
• Social security benefits (excluding child disability benefits)
• Insurance benefits, including disability and personal injuries, but excluding property insurance
• Workers’ compensation, unemployment benefits
• Retirement benefits/pensions
• Rental income
• Trusts
• Lottery winnings, gambling income, and other winnings
Intentionally leaving or reducing hours to lower your income in order to avoid paying child support will usually not work, as the judge will use the original income for the calculations and order full payments to be made.
As a general rule, child support is calculated on the assumption that the child spends 2/3 of the time with the parent who has primary custody and the remaining 1/3 with the other parent, but this is adjusted case-by-case based on the actual percentage of time spent between parents.
The cost for raising a child includes not only the cost of housing and food, but also health insurance, education (in some cases including private schools and summer camps) etc. You may file a motion if the results of the child support calculation do not satisfy your needs.
The court will decide whether an adjustment is necessary for reasons including:
• The parents’ agreeme to a different percentage of child support from the initial amount
• The child has special needs or gifted talents
• The child requires expensive medical expenses
• The capability for the parent to live independently
• The parent paying the child support goes to jail
• Large differences between the parents’ standard of living
• Expensive health insurance for the parents
• One parent spends less than 1/3 of the time with the child
After three years have passed since the child support is set, it can be modified for the following reasons:
• The previously set amount differs from the updated guidelines for child support
• The previously determined health insurance is currently not available or is prohibitively expensive
• Significant changes in circumstances that affect your ability to pay, such as loss of employment or the birth of a new child
• If you are behind on your child support payments, the Massachusetts Child Support Division can help you enforce or modify your child support agreement