New MA child support guidelines consider contemporary issues and situations

After much anticipation, the Chief Justice for Administration and Management, Robert A. Mulligan, has announced the promulgation of new Child Support Guidelines, effective January 1, 2009.

Designed to target the current needs of Massachusetts families, these Guidelines not only look completely different, but provide both the obligor and oblige parents, now referred to as the “payor” and “recipient,” with some much needed changes.

In 2006, a Task Force was appointed to conduct a comprehensive review of the Guidelines. To that end, and after several years of dedicated service, the Task Force submitted their findings. In a recent press release by the Massachusetts Court System:

“The report recommended significant, broad-based changes intended to make the guidelines more simple, clear, comprehensive and consistent with economic and societal changes of the last two decades….

The recommendations include provisions that place greater value and emphasis on the involvement of both parents in the lives of children; consider the increase in health insurance costs and the requirement of mandatory health insurance in Massachusetts; provide greater guidance relative to when a child support order should be modified; and set forth specific deviation factors for deviation from the guidelines.

These guidelines will apply to the circumstances of many more families in the Commonwealth.”

In the Executive Summary paragraph of the Report it was noted that:

“Changes were made to recognize the number of cases involving never-married parents, increased number of working primary caretakers, increased shared parenting arrangements, and increased parenting involvements by principal economic providers….It is important to read the changes as a whole, rather than in isolation.”

So keep reading our Family Law Bits blog for forthcoming specifics about how the new Child Support Guidelines may affect you and your family.

by: Melissa R. Gillis, Esq.

Comments

[Nicole LePage-Rogalski]

The 2009 Mass guidelines are unfair,unjust and will put the noncustodial parent at a great risk for not being able to self support. these guidelines will also make extremely hard financial times for second families and leave the children of these second families with nothing. Although, the children of the first family will live a very high standeard of living.

[Jamie Pelletier]

My payment would double under the new guideline.This will most likely result in a serious reduction of current visitation.I will not be able to reside in my current apartment,while my ex just moved in with her boyfriend which will cut her expenses in half."Yes we can" Govenor Patrick!Only in Massachusetts!!!

[colleen]

i am sick of the fathers of the children who walk out of the childrens lives complain about how much child support the have to pay it is ridiculous .if you were there you wouldnt complain about having to put out money for your child .but what happens is they leave and want to start a new live have more kids and then complain about it later .what you must realize is the child you walkes out on should come first but now the relationship has gone bad it it becomes all abou the money you have to pay and not about what your child is losing out on you and having you in their lives everyday so lets bring more children in the world that you really cant afford .it takes alot of money to raise a child .you pay your child support and then dont worry about anything else .but what about all the xtras that arent included with childsupport like birthday parties xmas school trips baseball cubscouts daycare school clothes lunch money for school .raising a child is not cheap and it is about time the men realize that and stop whining because you have to give your ex money its more about that than anything else you think she is spending your money on herself and it kills you .

[Bill]

Good advice Colleen. Stay in a relationship that is both unhappy and unhealthy for the children. It's totally fair to deprive the payor of additional visitation because the recipient is receiving much more than needed to do their share. The new guidelines were designed to encourage both parents to be more involved with the children on a day-to-day basis so it put responsibility on the court to deviate from the guidelines when a non-custodial parent is actually trying to be more involved in the children's lives. However, the courts are so ignorant to the reason behind the increased guidelines that they are actually doing the opposite of what the guidelines intention was. They are staying firm on the new (insanely increased) guidelines regardless of any shared visitation arrangement that they are making it impossible for the payor to spend additional time with the children. The court itself recognizes that the children are better served with both parents involved in the children's lives. It is evident through the mandatory parenting classes. However, they are forcing the payor (usually the father) to be unable to financially take the children more. If you can't even self-support how can you take the child more? This state is run by a bunch of idiots and this is just another one of their brilliant moves.

[Chrissy Roberts]

Then move to another state, all the fathers are complaining now~ news falsh~ time to pay up when you are not home with the sick child, have the freedom, don't dish out $ for this & that on a daily basis. Trying to get more for little things here and there that add up, than my support from my X is like pulling teeth. I wouldn't give up my custody one bit, she belongs with me. I take care of her, he doesn't know how to, my X is unstable although has a great job. This is the new law ~ my ex has refuses to report his raises and bonuses and now makes $35,000 more/year than he did when I got a decrease in support when his company made cuts 4 years ago. It is now time that fathers pay up when they make more than they somehow get away with not reporting & paying.I'm bringing mine back in 2 weeks to modify. It's costing me $4,000 + the DOR now involved. It should be automatic, but we have to pay a lawyer to get the truth, I just hope I do. I have access to his financials because a recent taxpayer info report came here??? Children are indeed expensive and I agree with Colleen. Until you walk in a single mother/parent's shoes whose ex make 3.5 times more than you~ dont judge!

[Donald J Makowski]

do the new guidelines apply to divorce agreements before the law took effect????

[Bacon Wilson Law]

Thanks for your question, Donald. We can't respond to individual legal inquiries here, so please feel free to contact attorney Gillis directly: 413.781.0560