Family Law Bits

New child support guidelines effective in Massachusetts August 1st

Effective August 1, 2013 the trial court in Massachusetts will issue new, revised child support guidelines. These were created following a comprehensive review by the child support guidelines task force, which conducted the review.

The child support guidelines are used by trial court judges in setting temporary, permanent, or final orders for current child support, in deciding whether to approve agreements for child support, and in deciding cases that are before the court to modify existing orders.

The revised child support guidelines are an attempt to account for the economic realities facing families in Massachusetts…in the entire state, and an attempt to ensure the well-being of the children of the Commonwealth.

The 2012 child support guidelines task force recommended a number of clarifications and changes. Some are minor, while others represent new or modified provisions. The most significant include:

• Income from means tested benefits such as SSI, TAFDC, and SNAP are excluded for both parties from the calculation of their support obligations.

• Availability of employment at the attributed income level must be considered in attribution of income cases.

• The text makes clear that all, some, or none of income from secondary jobs or overtime may be considered by the court, regardless of whether this is new income or was historically earned prior to dissolution of the relationship.

• Reference is made to the 2011 Alimony Reform Act. The text does not, however, provide a specific formula or approach for calculating alimony and child support in cases where both may be appropriate.

• Clarification is given as to how child support should be allocated between the parents whose combined income exceeds $250,000.

• A new formula is provided for calculating support where parenting time and expenditures are less than equal, (50/50,) but more than the assumed standard split of two thirds/one third.
  
  
• Guidance and clarification is given in the area of child support over the age of eighteen where appropriate. While the guidelines apply, the court may consider a child’s living arrangements and post-secondary education. Contribution to post-secondary education may be ordered after consideration of several factors set forth in the guidelines, and such contributions must be considered in setting the weekly support order, if any.

• The standard for modification is clarified to reflect the recent Supreme Judicial Court decision in Morales v. Morales, 464 Mass. 507 (2013).

• Circumstances justifying a deviation are expanded to include extraordinary health insurance expenses, child care costs that are disproportionate to income or when a parent is providing less than one-third parenting time.

For both payors and or recipients of child support these changes could be significant. Be sure to review your current orders with a family law attorney to ensure you are not affected.

Julie A. Dialessi-Lafley

Image credit: Microsoft

 

Divorced with a child heading to college: Who pays?

If you're divorced with a child heading to college, and your divorce agreement didn't spell out how that expense will be handled, you may be frightened and overwhelmed. This video reviews issues you need to consider when determining how your child's college education will be funded. Melissa R. Gillis, Esq. 413.781.0560, [email protected]

This video has been prepared by Bacon Wilson, P.C. for informational purposes only and is not intended and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Viewers should not act upon this information without seeking professional counsel. Do not send us information until you speak with one of our lawyers and get authorization to send that information to us.

Child Support Guidelines – specific changes

Aside from the overall look of the revised Child Support Guideline Worksheet that will become effective January 1, 2009, here are some of the other significant and most commonly discussed changes:

1. The Guidelines will now apply to combined incomes of up to $250,000.00.
2. They are based upon the idea that the children spend approximately one-third (1/3) of their time with the payor parent.
3. The recipient parent shall be responsible for the first $250.00 per year in uninsured medical and dental expenses for the children of the household combined.
4. An existing order may be modified if it is more than three (3) year old. No other material change in circumstance need be present.
5. There is no longer a credit for one-half (½) the cost of health insurance. Instead, the amount is used as a deduction from the weekly gross income.
6. For self-employed persons, owners of businesses, corporations, partnerships and the like, gross income is defined as “gross receipts minus ordinary and necessary expenses required to produce income”. Personal expenses paid out of business accounts can also be swept back into the gross income calculation. The purpose of this is to distinguish income reported on tax returns from income used to calculate a child support obligation. Income for parents who work “under the table” will be treated similarly.
7. The $20,000.00 custodial parent income disregard has been eliminated, as has the ten (10%) percent increase for children over the age of thirteen (13).
8. The Guidelines now account for families of up to five (5) children, and make provisions for even larger families.

The overall conclusion of these changes and revisions is that most child support orders will be higher under the new calculation, particularly for those with mid and high-level incomes. The new calculations will be confusing to most, so please contact me if I can be of assistance, and to learn more about how the new Child Support Guidelines will affect you.

By: Melissa R. Gillis, Esq.

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.

Paying child support while receiving SSDI

When determining the appropriate amount of child support to be paid, the Commonwealth of Massachusetts has set forth Child Support Guidelines. In essence, these Guidelines are a mathematical formula taking into account certain variables, such as the income of both parents, the age of the children, and which parent carries health insurance for the child.

The term "income" is described as "gross income from whatever source." This definition specifically includes social security and insurance benefits, including those received from disability. A common problem that arises is when the obligor parent, (the one who pays,) receives Social Security Disability Income, commonly referred to as SSDI. A component to SSDI is that the child or children of an SDDI recipient are entitled to a monthly dependent benefit. In those cases, the court has determined that since the children are already receiving some benefit for their care and maintenance, concessions are appropriate, and therefore the traditional Guideline formula should be altered.

In those cases, the Rosenberg formula is used to determine the appropriate amount of child support. In essence, the amount of the children's benefit is added to the monthly SSDI received to determine the obligor's income. The Guidelines are then run as they would in any other case. However, when the final amount is determined, that weekly amount is reduced by the amount of the child's dependency benefit (calculated by taking the monthly amount and dividing it by 4.3.) If the obligor still owes money afterward, the correct child support order would be the difference. If the calculation results in a net of zero or less, there is no support due.

People who argue that in essence the obligor is getting out of paying child support need to remember this; child support is the amount deemed proper to care for a child's needs, care, and maintenance. It is not designed to punish the other parent or as a way to make them pay money to the other. After all, child support is not about the obligor or oblige parent, it is about fulfilling the needs of the children.

 

By: Melissa R. Gillis, Esq.

Child support frequently asked questions

I came across this list of frequently asked questions and informative responses from the official website of the Massachusetts Department of Revenue, Child Support Services, commonly referred to as the DOR. I wanted to make available the most commonly asked to all the Family Law Bits readers. For more information, a complete list of all questions and responses including a list of fees for each type of service, or for information regarding applying for or terminating services, modifying existing court orders, and to review the Handbook on child Support Enforcement, visit the website at www.mass.gov/dor. Remember, more knowledge means the ability to make more informed decisions that are best for you and your children.

• What choices do I have for receiving my child support payments? You can choose to have your child support payments deposited directly into a bank account of your choice or to have your payments loaded into a Child Support Card account. Checks are no longer issued unless you qualify for an exemption.
• What is direct deposit? With direct deposit, DOR sends an electronic message to your bank telling it to credit your checking or savings account with the exact amount of the child support payment we received from the other parent. You can then withdraw the money, keep it in savings, or pay bills. With direct deposit your money is available sooner, generally by 2-3 business days, because you don't have to wait for the check to come in the mail or clear at the bank. Best of all, direct deposit is safe because your payments cannot get lost or stolen.
• What is the Child Support Card? The Child Support Card is a debit card. Child support payments are transferred electronically into an account from which you can access your money at any Automated Teller Machine (ATM). In addition, the card will carry the Visa® logo, allowing you to make purchases wherever Visa® is accepted. Although the Child Support Card carries the Visa® logo, it is not a credit card. You are using your own money from child support payments deposited on your behalf.
• What choice is best for me? While DOR recommends direct deposit, the best choice for you depends on your situation; the choice is entirely up to you. Both direct deposit and the Child Support Card provide many of the same benefits. There are no checks to get lost or stolen, the money is available to you as soon as it is deposited, and your payments will not be interrupted if you move. One important consideration is cost. DOR does not charge any fees for using the direct deposit service or the Child Support Card. However, the Child Support Card is offered by DOR in partnership with JPMorgan Chase Bank and there will be ATM and other transaction fees charged by JPMorgan when using the Child Support Card. These fees will be disclosed in full to you if you select this option, and tips on how to minimize these fees appear below.
• How do I choose direct deposit or the Child Support Card? You must make a selection on the "Electronic Payment Application/Request for Change Form" that was sent to you and return it to the address on the form, or if you would like direct deposit, the fastest way to sign up is online via our Case Manager. If you do not make a selection within 21 days from the date indicated on the "Electronic Payment Application/Request for Change Form," DOR will automatically issue you the Child Support Card. Again, while either option is available to you, DOR recommends you consider the direct deposit option as your means of receiving child support.
• How do I know if a child support payment has been disbursed to me from DOR? Check your account through our Case Manager or contact our automated Voice Response System (VRS) at 800-332-2733 to find out if a payment was received by DOR. If you live in Chelsea, Charlestown, Everett, East Boston or Revere, you must contact us at 617-660-1234.
• When will my money be available on my Child Support Card? Money should be available for your use by the third business day from when we receive the payment. Please note, however, that DOR's customer service staff will not be able to help you with questions related to the availability of funds on your card.
• How do I know if money is available on my Child Support Card? To find out if a payment was deposited into your Child Support Card account or to find out your card account balance, you can access your account online at JPMorgan Chase "My Account," or call their Customer Service Bureau toll-free at 866-352-5851 any time, day or night."
  

 

By: Melissa R. Gillis, Esq.

Child Support guidelines – the basics

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

 

Child Support - how much should you expect to contribute or receive?

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 schedule and official guidelines worksheet are attached to this memorandum to enable you to work the figures through.

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, Esquire

When it comes to child support, ignorance is not bliss; it’s contempt

I’m always amazed at the number of people who don’t comply with Court Orders, especially as it relates to child support. The story is always the same. The obligor parent stops paying and/or looses their job, falls behind in their child support obligation, and instead of going back to Court to ask for a modification of the support order, they do nothing.

When the custodial parent, or the Department of Revenue brings them to Court on a contempt action, because now hundreds if not thousands of dollars is owed, they expect a judge to just excuse the current Order in effect and let them go about their merry way.

There is neither remorse that they are literally taking food from their children’s mouths, nor consideration for the fact that a Court of the Commonwealth of Massachusetts issued an Order that they are required to comply with. Theirs is an “Oh, well” kind of attitude.

If this is you, listen up. The person saying, “Oh well,” may be the judge when you get sent to jail.

When a person is found in contempt, there is a finding that they have willfully violated a court order. Simply put, it means that a person didn’t do what they were supposed to. The punishment for being found in contempt can range anywhere from an allowance of time to pay what you owe, along with an additional order to pay the custodial parent’s attorneys fees, all the way up to incarceration.

Even a person found in contempt for the first time can be sentenced to jail, and that sentence can be a few days or it can be months. You don’t get to stop and collect $200.00 as you would if life were a Monopoly game, you go directly to jail. Have I made the point?

So what should you do if you find yourself in a situation where you have lost your job or feel that you will not be able to meet your child support obligation for some other reason for the foreseeable future? The appropriate action would be to file a Complaint for Modification, asking the court to reduce the current support order to something you can afford.

Be prepared to open the book which shows your current financial story, what has changed, why the change will be long term, and also be forthcoming with information and documents that prove your claim. Then, even if you are falling behind, any reduction of support can date back to the time the Modification was filed. Not only does this take care of the arrears that continue to build with each passing week, but it also prevents having to defend yourself in a contempt action.

The bottom line here is this. Whether you are a parent involved in the daily activities of your children or not, you have an obligation to help financially support them. Child support money is not for the other parent that you may be angry and resentful towards, but for your children, who need to have food, clothing, and a roof over their head with electricity and heat. Your willful failure to provide this support leads only to further resentment by you, the custodial parent and your child. Thumb your nose at the Court and you may find yourself not only defending yourself in a contempt action, but also with a lot of time to think about why you didn’t file that Modification, from a jail cell.

By: Melissa R. Gillis, Esq.