Massachusetts Child Support Frequently Asked Questions ( FAQ )

At what age does Massachusetts Child Support terminate or end?

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Child support continues through age 18 and children over 18 as long as they are still attending high school or until your child turns 21 so long as they are principally dependent on the custodial parent. If your children go to college, child support will continue until they graduate or turn 23, whichever comes first.

For Self-Employed business owners, does the court in Massachusetts look at gross receipts or net income for purposes of determining your child support obligations?

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Self employed business owners are allowed to take gross receipts minus ordinary and necessary expenses required to produce income to help determine their gross income for purposes of determining their child support financial obligations.

How is the Massachusetts Weekly,Monthly, or Yearly child support amount (financial obligation) determined?

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The Commonwealth of Massachusetts Administrative Office of the Trial Court developed the Massachusetts child support guidelines and worksheet for use by the justices of the Trial Court to help determine what the financial obligation is for each parent in the support of their children. One of the principles in the development of the guidelines is to encourage joint parental responsibility for child support in proportion to, or as a percentage of, income.

Do you have to count business expense reimbursements towards your income for purposes of calculating your Massachusetts child support payments?

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Expense reimbursements may be included as income if such payments are significant and reduce personal living expenses.

Does the new 2009 Massachusetts Child Support Guidelines apply to families with more than 5 children?

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Yes! If you have more than 5 children, the court order should be at least the amount ordered for 5 children.

Can you deduct your child care expenses in the new 2009 Massachusetts child support guidelines worksheet?

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In general, the party that pays for the child care costs is allowed to deduct it from their gross income so long as its reasonable.

Do you have to report income and distributions from trusts when completing the new 2009 Massachusetts child support guidelines worksheet (Calculator)?

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Yes! When calculating your gross income, you must include all sources of income including, but not limited too income and distributions from trusts.

If I get a part time or second job after the child support order, can the custodial parent apply for a Massachusetts child support modification to increase the child support order?

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The custodial parent can take you to court for a modification of child support. It doesn't mean that they will prevail in court. The new 2009 child support guidelines specifically mentions that secondary job or overtime income should not be considered in a future support order.

Do you have to report commissions, tips, severance pay, royalties, bonuses, lottery or gambling winnings, investment interest and dividends on the new 2009 Massachusetts child support guidelines worksheet (Calculator)?

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Yes! When completing the child support guidelines worksheet (Calculator), you must include all sources of income including, but not limited too commissions, tips, severance pay, royalties, bonuses, lottery or gambling winnings, and investment interest and dividends.

Do you have to report income from part time or secondary jobs for purposes of determining your Massachusetts - MA child support financial obligations?

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When reporting gross income, you have to include income from all sources regardless of whether the income is recognized by the Internal Revenue Code or reported to the IRS, State Department of Revenue, or other taxing authority. If you have a history of earning income from part time or secondary jobs prior to the child support order, you are required to list the income. In certain situations, there are arguments that can be made to exclude part-time or secondary job income for the purpose of determining your child support payment obligation.

Do you have to report overtime income in the new 2009 Massachusetts child support guidelines worksheet (Calculator)?

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When reporting gross income, you have to include income from all sources regardless of whether the income is recognized by the Internal Revenue Code or reported to the IRS, State Department of Revenue, or other taxing authority. If you have a history of overtime income prior to the child support order, you are required to list the income. In certain situations, there are arguments that can be made to exclude overtime income for the purpose of determining your child support payment obligation.