Sandra M. Boulay, Esq., and Joseph W. Jussaume, Esq.
As of January 1, 2009, new child support guidelines were put into effect by the Massachusetts Trial Court. The guidelines do not affect child support orders entered less than 3 years prior to January 1, 2009. For any new orders entered, however, and orders modified after January 1st of this year, the new guidelines will govern. So how will the new guidelines affect you?
One of the more significant changes to the guidelines is related to the rising cost of health care and the requirement that all citizens of the Commonwealth of Massachusetts obtain health insurance. As such, one of the principles driving the new guidelines is the “importance, availability, and cost of health insurance coverage” for the child in question. 1 In addition, the new guidelines recognize additional monetary or in-kind contributions of both parents in addition to the child support order. 2 Both of the above new considerations could play a crucial role in lessening the monetary amount of each child support payment and create more balance for families in a weakening economy.
There are other significant changes to the guidelines in relation to overtime and secondary jobs. If a payor or recipient of child support payments obtains a secondary job or works overtime after the child support order is entered, and neither the secondary job or overtime was worked prior to the order, the income from the secondary job or overtime should not be considered in a future support order. 3 This means that what compromises the makeup of the family income is established for both parties at the time the order is made and not at some time in the future. Once again, this consideration in the guidelines could prove to be important at a time when people are seeking second jobs and overtime hours to help pay their bills. Additionally, in situations where a family is adjusting to a breakup, this additional money will stay within the household of the parent earning the additional income. One significant caveat: the income of a non-parent guardian is not considered for purposes of calculating a child support obligation. 4
For individuals in the business world, the use of a company car, company property, payments for cell phone or other expenses or benefits provided by the company, may be considered part of income if such perks are significant and reduce personal living expenses. 5
There are also significant changes in setting the child support order, the first of which is a recalculation of the minimum and maximum levels. The new minimum monthly amount for parents making less than $100 per week is $80 per month ($18.46 per week). On the opposite end, the maximum level of income that the new Child Support Guidelines support is a combined income of up to $250,000 annually. If the family income is more than $250,000, the Court will consider $250,000 to be the minimal income level and base orders on the same.
In addition to income, the time spent with each parent has been reconfigured for the new guidelines. The new guidelines specifically state that children “should enjoy parenting time with both parents to the greatest extent possible consistent with the children’s best interest.” 6 As a result, the new guidelines are based on a child spending 2/3 of their time in the primary residence, and 1/3 of their time with the other parent.
On the financial side, the new guidelines take into account a parent who wishes to continue his or her education to gain employment opportunities or enhance earning capacity. In some situations, the childcare costs which result from participation in such educational efforts, will be factored into the child care costs normally included in situations where a parent is working. This calculation can help to determine an appropriate support amount.
The Court also states, that the guidelines are applicable in cases involving children entitled to support from 0-18 years of age, and if over 18 years of age, applicable to those still attending high school. 7 For support for children beyond high school, the Court shall exercise its discretion in considering the child’s living situation, financial needs, educational costs, and allocation of such costs between the parents. 8
As you can see, the new Child Support Guidelines adopted by the Massachusetts Trial Court incorporate substantial changes in the way that child support orders are considered by the courts. Parents attempting to obtain fair and reasonable child support decisions should have their attorney thoroughly review the new guidelines to achieve the best possible result and to determine whether the guidelines are, indeed, the true measure in the case. Attorneys and parents should determine if there are legitimate reasons to depart from the guidelines in order to better serve the best interests of the child.
1 Child Support Guidelines, The Trial Court of the Commonwealth of Massachusetts, p. 2
2 Child Support Guidelines, The Trial Court of the Commonwealth of Massachusetts, p. 2
3 Child Support Guidelines, The Trial Court of the Commonwealth of Massachusetts, p. 3
4 Child Support Guidelines, The Trial Court of the Commonwealth of Massachusetts, p. 3
5 Child Support Guidelines, The Trial Court of the Commonwealth of Massachusetts, p. 4
6 Child Support Guidelines, The Trial Court of the Commonwealth of Massachusetts, p. 4
7 Child Support Guidelines, The Trial Court of the Commonwealth of Massachusetts, p. 5
8 Child Support Guidelines, The Trial Court of the Commonwealth of Massachusetts, p. 5
