Common Child Support Questions


This post will answer the child support questions I most commonly hear. All answers will reflect the new Massachusetts child support guidelines, which became effective August 2013.


1) Will the court consider a second job of the payor?  What if the payor took on the second job in order to meet his/her child support obligation?


Generally, second jobs are considered at the discretion of the court.  The court may consider “none, some, or all overtime income.”  If the payor takes on a second job after the child support is ordered, in order to pay said child support, there is a presumption that the second job should not be considered in a future child support order.


2) Is the income of a non-parent guardian (i.e. grandma, great-aunt) considered for calculation of child support?


It’s not supposed to be.


3) Does child support use the gross or net income?


Gross weekly income.


4) My spouse has 1/3 parenting time or less. How is child support calculated?


Run the guidelines as is, using this form.


5) My spouse and I share parenting time 50/50.  How is child support calculated?


Run the child support guidelines twice—first with one parent as recipient and second with other parent as recipient.  The difference in calculations shall be paid to the parent with the lower weekly support amount. 


6) My spouse has more than 1/3 of parenting time but less than 1/2.  How is child support calculated?


Run the guidelines first with one parent as recipient, and second as if the parties shared 50/50.  (See answer #5.)  The average of these figures shall be the child support amount. 


7) My spouse and I have two minor children.  One lives with me and one lives with my spouse.  How is child support calculated? 


Run the child support guidelines twice—first with one parent as recipient using the number of children in his/her care, and second with other parent as recipient using number of children in his/her care.  The difference in calculations shall be paid to the parent with the lower weekly support amount. 


8) I am responsible for 100% of my children’s college costs.  How does this impact child support?


The child support determination is at the discretion of the court, but the court shall consider the college contribution when setting the order.


9) How does the court consider the payment of extraordinary uninsured medical/dental expenses?


Again, these are considered at the discretion of the court on a case-by-case basis.


10) How long does child support last?


Generally, child support continues until the child reaches age 18.  However, if the child is still in college and primarily domiciled with one parent, it may extend until age 23.


As you can see, while much of child support is formulaic, plenty is determined at the discretion of the court.  For this reason, it can be very helpful to have an attorney!