CHILD SUPPORT GUIDELINES REVISED IN 2009

                   CHILD SUPPORT GUIDELINES REVISED IN 2009

Clients who pay or receive child support should be aware of the revised Child Support Guidelines that became effective January 1, 2009. If you have not reviewed your support payment in the past 3 or 4 years, you should look at the new rules.  These revised guidelines adopt significant, broad-based changes intended to make the rules simpler, more comprehensive and consistent with economic and societal changes over the last two decades.  The following is a list of some of the most significant changes:

1.       The revised guidelines apply up to a combined parental income of $250,000.00;

2.       Child support may be modified if the existing order is at least three years old;

3.       Child support increases for additional children;

4.       Health insurance costs are deducted from gross income in arriving at income available to pay child support;

5.       The revised guidelines apply in shared physical custody cases;

6.       The revised guidelines provide a formula for determining child support in shared custody cases;

7.       The list of included sources of income is more inclusive;

8.       Expense reimbursement, in-kind payments and personal use of business property and payment of personal expenses by a business may be included in income if they reduce personal living expenses. 

For further information on the new Child Support Guidelines, please go to http://www.mass.gov/courts/childsupport/

Old                                                                  New

Based on traditional custody                           Primary residence with one parent and one-

and visitation                                                  third of time with other

Did not apply in shared custody

arrangement                                                     Specifies how child support should be

                                                                        calculated in shared custody arrangement

Second job or overtime income

considered                                                      second job and overtime income not counted

Courts look at whether part-time                    Courts look at history of income and

jobs and overtime are regular                          expectation that income will continue to be

source of income when family                        available and the impact on the parenting

intact                                                               plan

Increased support when oldest

child reaches 13                                              No adjustment at 13

Support for children over 18

at Court’s discretion                                       Does not apply to children over 18

Payor is credited for one half

of health insurance if it covers

children                                                           Entire cost of health insurance is deducted

                                                                        from the salary of payor or recipient regard-

                                                                        less of who covers the children

Custodial parent’s income

reduced by $20,000.00                                   Both parties’ income treated equally

Custodial parent pays first $100.00               Custodial parent is responsible for first

Per child per year of uninsured                      $250.00 of uninsured medical, dental,

medicals                                                         vision expenses

Attribution of income does not apply                        Attribution of income can apply to either

to custodial parent with children                   party if unemployed or underemployed

who are under the age of 6