When a couple divorces, there are a number of emotional, physical and financial factors that must be considered. Where will the parties live? Who will stay in the marital home? How will the couple's standard of living be affected? Divorcing parents, however, have these things and much more to consider. They must make sure not only that they make it through the divorce, but also that they are acting in their children's best interests at all times.
Child custody and support are two of the most hotly contested issues when parents divorce. Even if custody arrangements are made with relative ease, child support calculations can result in disagreement. Massachusetts - like all other states - has a child support calculation structure built right into its laws. The statutes give the building blocks for any child support order, setting forth the basic financial guidelines and factors that judges can consider when ordering child support. Such factors include:
- Types of income that can be considered (wages from regular pay, royalties, bonuses, Social Security Disability payments, workers' compensation or unemployment benefits, rental income and more)
- The existence of spousal support/alimony/separate maintenance awards
- Amount of parenting time each parent has with the child in need of support
- Net worth of both parties
- Age and health of parties and children in need of support
- Costs of childcare and health insurance coverage for the children
Any parent will tell you that the costs of raising a child do not stop at providing health insurance, clothes and childcare, though. Children with special physical, mental, educational or emotional needs may require a great deal more attention from doctors, therapists, tutors or other providers that can greatly increase the costs associated with their care. Furthermore, ambitious children may want to be involved in extra-curricular activities like sports, theater, dance or band which also have a huge impact on the household budget.
While the Massachusetts law is an inclusive one, and the legislators did try to make an easily adapted guideline that would be as helpful as possible to family court judges, there are still realistic expenses and factors that the law does not necessarily take into account. The law does realize that possibility, however, and it does include a provision allowing for "other child-related expenses" like private school, post-secondary education, summer camp or extracurricular activities that the court can bundle into a child support order as warranted by the circumstances.
Even though the law attempts to be effective and applicable for the great majority of Massachusetts residents involved in a child support dispute, there are still areas for improvement. If you or a loved one is seeking a child support award or fighting against an unfairly calculated order, it is important to be honest, forthcoming and proactive when communicating with the court, so having a skilled family law attorney at your side can be invaluable.
