Recent Posts in Child Support Issues Category

How income is now defined may be one of the best revisions of the newest 2009 Massachusetts Child Support Guidelines.  Now, more guidance is provided as to how overtime and secondary jobs, unreported and non-taxed income, allowances and allotments, and military pay are to be dealt with.

As it relates to overtime or secondary jobs, the history of the income, the expectation that said income will continue to be available, the impact of the overtime on the parenting time, and whether or not the extra work is a requirement of the job are all factors which are to be analyzed.  No longer should this money be automatically included or excluded in setting child support orders.

Additionally, the Guidelines give a judge more leeway in attributing income where a finding as been made that either party is capable of working and is unemployed or underemployed. The court may consider all relevant factors including without limitation the education, training, health and past employment history of the party, and the age, number, needs and care of the children covered by any support order.

There is a rebuttable presumption that these “guidelines” apply in all cases establishing or modifying a child support order, however there are times when it may be appropriate to deviate from the Guidelines, thus overcoming the presumptive application of the Guidelines by proving – or defending against – issues relating to a child having special needs or aptitudes, extraordinary medical expenses, extraordinary travel or child-related expenses, etc.

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