In 1987, by virtue of federal mandate, Massachusetts enacted child support guidelines. The guidelines create a presumption of the amount to be awarded in all cases involving child support. Deviation from that amount requires a specific written finding by the court that the guideline amount would be unjust or inappropriate after considering the best interest of the child.
The levels of child support under the guidelines are among the highest in the nation. Broadly, the guidelines require that, at a minimum, a noncustodial parent who earns over $100 a week will pay 21-25 percent of gross income for one child, 24-30 percent of gross income for two children; and 27-33 of gross income for three or more children. There is a credit formula for the custodial parent's income over $20,000, and the basic order amount increases for older children, beginning with children over 12, then over 18.
The guidelines also provide for attribution of income in determining a support amount in cases where the court determines that a parent is purposefully unemployed or underemployed, earning less than their training, education and work history would indicate. In that case, earning capacity, rather than actual income may be used to determine the amount of child support. However, income will not be attributed to a parent who is unemployed by virtue of their remaining at home to care for a child under the age of six.
The guidelines do not apply if the parties' combined gross income exceeds $135,000 or the income of the noncustodial parent exceeds $100,000, but they do suggest minimum amounts of support at that income range. Additional amounts may be awarded at the judge's discretion. The guidelines are also intended only to apply in traditional custody arrangements. Where a shared custody arrangement is reached, the guidelines do not apply.
By: Julie A. Dialessi-Lafley
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