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Massachusetts Child Support Legal Questions

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28 legal [2, *]questions have been posted about child support by real users in Massachusetts. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
Massachusetts Child Support Questions & Legal Answers
Do you have any Massachusetts Child Support questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 28 previously answered Massachusetts Child Support questions.
Child Support
Massachusetts

Recent Legal Answers

My ex husband didn’t have a status here before divorce but now has his (green cared) and has refused to pay child support how can i track his income

Answered 7 years and 2 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Support
Wyckoff Nissenbaum, Esq.
Dear Anonymous, Unfortunately, your situation is very typical. The burden is on you to prove that he is earning income. This can be done with a combination of discovery techniques including subpoenas and use of a private investigator. Once you have obtained sufficient evidence, you can petition the Court for an increase.  ... Read Answer
Dear Anonymous, Unfortunately, your situation is very typical. The burden is on you to prove that he is earning income. This can be done with a... Read Answer

will i get child support help from the state if the father of my kids is overseas ?

Answered 8 years and 6 months ago by NA smsattorney@gmail.com (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
The state won't be able to provide you financial support aside from certain benefits offered by the government in raising kids. The state can certainly enforce child support even with overseas parents. You will really need to work with an attorney to get the help you need since he/she you chose to work with will be able to go over your options.   Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read Answer
The state won't be able to provide you financial support aside from certain benefits offered by the government in raising kids. The state can... Read Answer

I made a temp agreement to suspend child support. To reinstate it - I have to go and give 30 day notice.

Answered 9 years and 5 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Support
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  The short answer is that the custodial parent has a right to receive support. Dependent on the language of the agreement to suspend support, you may be waiving your right to receive patment upon the determination of the workman's compensation case. Without reviewing the specific document, there is no way to know what you agree to. I suggest you schedule a consulation with an attorney to find out how the law applies to your case.    Best, ... Read Answer
Dear Anonymous,  The short answer is that the custodial parent has a right to receive support. Dependent on the language of the agreement to... Read Answer

Waiving Child support

Answered 9 years and 8 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Support
Wyckoff Nissenbaum, Esq.
Dear Anonymous,    The amount of child support is based on the parenting plan and the incomes of the parties. The child support is the right of the child and the Court is unlikely to waive the requirement unless the parties provide the court a reason to deviate from the guidelines. ... Read Answer
Dear Anonymous,    The amount of child support is based on the parenting plan and the incomes of the parties. The child support is the... Read Answer

Is there a possibility to get a fair child support without the judge giving certain 'rights' to the father of my child?

Answered 9 years and 9 months ago by attorney Ellen Anna Wright   |   1 Answer   |  Legal Topics: Child Support
Ellen Anna Wright
Child support and parenting time are viewed as separate issues by the Court.  Child support in Massachusetts is paid in acccordance with the child support guidelines.  Although judges have discretion to deviate if there are other factors worthy of consideration, it generally works out to be 25% of the payor's gross income.  It does not depend upon whether or not the other parent visits with the child or not.  If there are problems with the parenting arrangement, you can take him to Court to have it modified if you can show a material change in circumstanes.  Best of luck. ... Read Answer
Child support and parenting time are viewed as separate issues by the Court.  Child support in Massachusetts is paid in acccordance with the... Read Answer

What is the first step to filing for child support

Answered 9 years and 10 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
Has paternity been established by either an affidavit of paternity or by a court decree?  If no, then you will need to file a Complaint to Establish paternity.  These are complex issues and seeking the advice of attorney may be in your best interest.  Many lawyers offer a free initial consultation.  Best wishes.... Read Answer
Has paternity been established by either an affidavit of paternity or by a court decree?  If no, then you will need to file a Complaint to... Read Answer

We had a 0$ split child support and now she wants to back and make me pay

Answered 10 years and 3 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Support
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  Generally, the amount of support is based on the gross income of each party. The court is allowed to deviate from this formula based on certain factors. Your situation appears to be a good reason for deviation.  Without knowing specific information, it is impossible to advise you on whether or not the court will order child support.  If you would like specific information, do not hesitate to contact my office.   ... Read Answer
Dear Anonymous,  Generally, the amount of support is based on the gross income of each party. The court is allowed to deviate from this... Read Answer

Ho wdo I modify an existing child support order in Massachusetts with a lifetime restraining order against my ex?

Answered 10 years and 3 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
If you file a modification, your ex will be in court.  There will be security personal there and he will not allowed to speak to outside the scope of the hearing.  
If you file a modification, your ex will be in court.  There will be security personal there and he will not allowed to speak to outside the... Read Answer

Is it illegal if the parent that gets the child support if the child is not livving with that parent?

Answered 10 years and 4 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
It depends on why the child is not living with the other parent.  If the child is away it school, then continued child support may be allowed.  If the child is moved out and supporting his/her self then the court may terminate child support.
It depends on why the child is not living with the other parent.  If the child is away it school, then continued child support may be... Read Answer

If i live in MA and have a daughter and my ex makes 1500.00 a week what will he pay me for support when he also doesnt provide health insurance for us

Answered 10 years and 6 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
The below is to Mass. Child Support guidelines worksheet which will give you an estimate of child support.  Best wishes    http://www.mass.gov/courts/docs/forms/probate-and-family/cjd304-worksheet-child-support-guidelines.pdf
The below is to Mass. Child Support guidelines worksheet which will give you an estimate of child support.  Best... Read Answer

reducing or ending child support

Answered 10 years and 6 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Support
Wyckoff Nissenbaum, Esq.
Dear Child Support Payor,  You need to file a Complaint for Modification and request a change in your support order due to change in circumstances.  If you need assistance, do not hesitate to contact my office. 
Dear Child Support Payor,  You need to file a Complaint for Modification and request a change in your support order due to change in... Read Answer

Change in income = change in child support?

Answered 10 years and 11 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
If your ex's income has increased significantly since the issuance of the initial child support order, the court may modify the child support and recalculate child support.  Upon filing a motion to modify child support, you ask your ex to produce or subpoena his employer to obtain his current wage information.  You may also subpoena his bank account to see how much he is depositing into his accounts.... Read Answer
If your ex's income has increased significantly since the issuance of the initial child support order, the court may modify the child support and... Read Answer

Do I need a Lawyer to collect old Child support?

Answered 11 years ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
Unless the agreement was approved by the court, the court may not enforce it. 
Unless the agreement was approved by the court, the court may not enforce it. 

In MA, is child support based on the amount of time with each parent, or is it based solely on income?

Answered 11 years and a month ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
The support guidelines are based on income and with the understanding that the person paying has parenting time everyother weekend.  If the parent paying support has time more time than every other weekend, then child support may be reduced.  Many thanks.
The support guidelines are based on income and with the understanding that the person paying has parenting time everyother weekend.  If the... Read Answer

My ex-wife has started working. Can I get a deduction on child support?

Answered 11 years and 3 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Support
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  You can file a Complaint for Modification if there is a difference in the amount of child support that you are paying and the amount you should be paying pursuant to the guidelines. The Court will only reduce the child support amount retroactively to the day you filed and served the Complaint for Modification.  If you think the job will extend beyond three weeks, then you should consider filing a modification. If you have additional questions, do not hesitate to contact my office. ... Read Answer
Dear Anonymous,  You can file a Complaint for Modification if there is a difference in the amount of child support that you are paying and... Read Answer

Can I ask for a recalculation for child support even if I signed a divorce decree stating an amount

Answered 11 years and 5 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
Possibly.  A child support order in a divorce judgment is subject to post-divorce modification upon a showing of a material and substantial change of circumstances and that it is necessary for the best interest of the children.  In other words, if your circumstances have changed then the court will modify the amount if it is in th children's best interest.... Read Answer
Possibly.  A child support order in a divorce judgment is subject to post-divorce modification upon a showing of a material and substantial... Read Answer

Modification

Answered 11 years and 6 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
Child support may be modified when there has been a substantial change of circumstances.  Typically the court consider a 10-20% difference in child support to be a substantial change of circumstances.  The guidelines where revised in the last 5 years so I recommend you attempt to discern what impact the revision may have on your case.  Please let me know if you have any questions.  Many thanks... Read Answer
Child support may be modified when there has been a substantial change of circumstances.  Typically the court consider a 10-20% difference in... Read Answer

My son turned 19 in September and moved out of the house and stopped going to college. Should I continue paying child support?

Answered 11 years and 7 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
It is recommended that you file a motion to modify child support with the court to address the recent changes.  The court is going to want to know how your son is supporting himself and if he intends to return to college.
It is recommended that you file a motion to modify child support with the court to address the recent changes.  The court is going to want to... Read Answer

Can child support be waived

Answered 11 years and 7 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
While theoritically possible, most judges would not approve such a waiver in most instances.  You should also give careful consideration to whether such a waiver makes financial sense.  You should consider also that the court has the authority to order your husband to contribute to college expenses in addition to child support.... Read Answer
While theoritically possible, most judges would not approve such a waiver in most instances.  You should also give careful consideration to... Read Answer

My daughters father has stopped paying for her health insurance

Answered 11 years and 8 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
The answer depends on the language of the court order.  If the court requires him to either provide the health insurance or to reimburse you for the insurance premium to cover your daughter than he is not correct.  I recommend you review the court order and determine what his obligation is.  Many thanks... Read Answer
The answer depends on the language of the court order.  If the court requires him to either provide the health insurance or to reimburse you for... Read Answer

Can I terminate my rights?

Answered 11 years and 8 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Support
The law does not allow you petition the court to terminate your rights and obligations for your son. Now, that the matter is before the court, you may be able to get parenting time with your son.   After the divorce, however, your ex-wife's new spouse may adopt your son which would terminate your rights to him.... Read Answer
The law does not allow you petition the court to terminate your rights and obligations for your son. Now, that the matter is before the court,... Read Answer

I'd like to reduce the significant child support I pay since the kids do not want to spend time with EX(they are teenagers)

Answered 11 years and 9 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Support
Wyckoff Nissenbaum, Esq.
You have the right to go back to court and file a modification for child support. The new child support guidelines will be used to calculate child support. The Morales case states that a difference between the child support order and the guidelines  is a material change in circumstance to warrant a modification.  If you have an additional questions, do not hesitate to contact me. ... Read Answer
You have the right to go back to court and file a modification for child support. The new child support guidelines will be used to calculate child... Read Answer

Jurisdiction

Answered 12 years and a month ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Support
Wyckoff Nissenbaum, Esq.
Dear Mr. Jain,  Massachusetts will have jurisdiction over the child custody and support once the child has lived in Massachusetts for six months. Once Massachusetts has jurisdiction either party can file a Complaint for Modification if the child support order is not the same as the amount of child support owed according to the Massachusetts' child support guidelines.    If you have any additional questions, do not hesitate to contact my office at 617-410-6467. ... Read Answer
Dear Mr. Jain,  Massachusetts will have jurisdiction over the child custody and support once the child has lived in Massachusetts for six... Read Answer

Mother keeps all Child Support

Answered 12 years and 9 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Support
Wyckoff Nissenbaum, Esq.
You cannot receive the money directly from your Father. You can have your Father get a second opinion regarding his support obligation. Depending on the terms of the agreement, your Father may or may not have options. 
You cannot receive the money directly from your Father. You can have your Father get a second opinion regarding his support obligation. Depending on... Read Answer

Should I file for modification of child support agreement, I am a single father with primary custody of a 13 year old son

Answered 12 years and 9 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Child Support
Wyckoff Nissenbaum, Esq.
In order for you to succeed on an upward modification there has to be a material change of circumstances. Based on your representation it appears that the children's mother is living a high class lifestyle and paying minimal support. In order for you to succeed on a modification it will be necessary for you to show the court her income is based on her expenses. This analysis requires substantial discovery and may require a trial.  If you have additional questions, do not hesitate to contact my office at 617-410-6467. ... Read Answer
In order for you to succeed on an upward modification there has to be a material change of circumstances. Based on your representation it appears... Read Answer
Child Support
Massachusetts

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