In Massachusetts, all parents have an obligation to support their children financially. When parents separate or divorce, the details of who is financially responsible for what can become complicated. If you are considering a divorce or need to make modifications to an existing child support order, a Westwood child support lawyer at Farias Family Law, P.C. offers the experienced representation you and your family deserve.
The term child support describes money that a parent pays to provide financial support for their child or children. Children need stability and security, and making sure their standard of living stays as close to the same as possible after divorce can help a child adjust to the difficult changes of splitting time between parents and homes. In Westwood both parents are obligated to contribute to their child’s living expenses, even if a formal child support agreement isn’t in place.
A child’s living expenses often include:
Child support is generally part of child custody agreements in a paternity or divorce case and also applies to parents who were never married. One parent usually pays a regular, predetermined amount to the other parent when they separate. Ideally, parents can reach an agreement on their own regarding child support, and then a Massachusetts family court judge has to review and approve the agreement to make sure it abides by the laws.
Child support and custody are often contentious, and when parents can’t agree on all the terms of an agreement, a judge has to make the determination for them. It is important to note that child support may not always be necessary, but when one parent’s income or expenses are considerably higher than the other’s or one parent spends more time caring for the child, child support may be needed, even in uncontested cases.
Like most US states, Massachusetts uses a formula to determine the amount of child support, which considers several factors of both parents’ finances, as well as the child’s needs and best interests.
These factors may include:
Massachusetts allows online payments and even payments by text, and child support can be managed through the state’s website. This system makes payments convenient and gives parents a lot of control over the process. It also has the benefit of parents not having to interact over child support payments and can provide evidence if there is a dispute.
In Massachusetts, all parents are obligated to support their children financially, at least until the children are legal adults and graduate high school. It is common to need to modify child support orders due to life changes like changes in physical custody, substantial income changes, permanent or long-term disability or chronic illness, the birth or death of a child, or other reasons.
Because child support orders are legally binding, the court oversees payments and modifications. This means it is not enough for parents to agree on new terms. Modifications require petitioning the court, and a family court judge has to approve or decide the new terms and issue a modification of the existing child support order.
A: Yes, it is worth getting a child support lawyer to review the child support agreement, even if both parents agree on the terms and nothing is being contested. It is important to make sure both parents are being treated fairly and there is no inadvertent disparity. If the case is contested, an experienced child support lawyer can be essential to protect your rights and the interests of your child.
A: The cost of a child support lawyer can vary based on several factors unique to the case. These include the nature and complexity of the case, as well as the attorney’s geographical location, experience, and reputation. The factor that has the most influence on a child support case is usually whether the parents can come to an agreement on all the terms or if one or more terms will have to be decided by a family court judge.
A: In Massachusetts, there is no standard amount for child support. Additionally, child support is not always required. How much a non-custodial parent is obligated to pay in child support is determined based on both parents’ incomes, the child’s needs, and other related factors. The amount can vary greatly from family to family.
A: If you don’t agree with a child support order, you may not be able to have it changed for disagreement alone. If you believe there was a legal error made, you can appeal the decision or contact a lawyer for advice. Non-payment of child support can have serious consequences in Massachusetts, including wage garnishment, suspension of driving privileges, seizure of tax refunds, a negative impact on your credit score, and even fines or jail time for contempt of court.
The skilled legal team at Farias Family Law, P.C. has more than 100 years of combined experience with divorce, custody, and child support cases, representing high-income professionals. Our attorneys are committed to helping parents like you reach your desired outcome, whether that involves mediation, arbitration, or representing you in court. Contact our office today to discuss your case and your goals.
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