CHILD SUPPORT & EMANCIPATION
As a general rule, when a child reaches the age of majority, the child is then “emancipated,” freeing the child's parents of any further support obligations.
The emancipation of children is governed under Massachusetts General Laws Chapter 208, Section 28. In a nutshell, emancipation occurs once a child reaches 18 years old or graduates high school (whichever is later), but may not be deemed to occur until a child reaches age 21 if the child is principally dependent on the custodial parent or even 23 if the child is enrolled in an accredited educational institution.
Children have a fundamental right to be financially supported by both parents; after all, the cost of raising children is expensive!
As of January 1, 2009, new Child Support Guidelines went into effect for all child support orders. There is a rebuttable presumption that these guidelines apply in all cases establishing or modifying a child support order. Go to our child support calculator for an estimate of an order based on the Massachusetts Child Support Guidelines.
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.
Both parties in a divorce action are usually best served by taking a collaborative approach, but in those situations when best efforts fail, our lawyers take an aggressive stance in advocating on behalf of our clients.
Child Support Modification & Enforcement Attorneys
Massachusetts has adopted new Child Support Guidelines which became effective on January 1, 2009. The new Guidelines are presumed to apply “in all cases establishing or modifying a child support order”.
If you are receiving child support under an existing judgment or order, you may be entitled to a modification based on the new Guidelines if your order or judgment was entered before January 1, 2006. If the order was entered after January 1, 2006, you may also be entitled to a modification if the traditional grounds for modification exist.
Please note: use of the new Guidelines is mandatory at significantly higher income levels. This may result in a higher child support payment if the income of the party paying child support is between $100,000 and $250,000 per year.
Starting in 2009, a child support order may be modified if any of the following circumstances exist:
1. The existing order is at least three years old; or
2. Health insurance previously available at reasonable cost is no longer available; or
3. Health insurance not previously available has become available; or
4. Any other material change in circumstances has occurred.
The courts are straightforward when it comes to a child’s absolute right to be financially supported by both parents. If you believe the non-custodial parent is unemployed, under-employed, or not revealing income from all sources (for example, a self-employed spouse or business owner), our lawyers are adept at income tracing. We utilize formal discovery tools in both divorce and modification proceedings, as well as subpoenas, forensic accountants and vocational experts, if necessary, to uncover one’s true earning capacity, shielded income or hidden assets. Often times, we will petition the court to attribute income to the opposing party. To learn more, listen to our November seminar here.
We are qualified to represent either parent in modification hearings to increase or decrease the amount of child support because of a substantial change in circumstances (increased health care costs, new job, lost job, child reaching emancipation, etc.)
Our attorneys also petition the court to enforce support orders through contempt proceedings, garnishment or liens if the opposing party isn’t paying. To help us prevail with your case, you should always keep a ledger of child support payments.
Fathers’ Rights & Child Support
The newest Child Support Guidelines are written in a way that is gender-neutral, favoring neither fathers nor mothers. In practice, however, fathers may need to go the extra mile to be noticed, and to avoid stereotypical roles as obligors in order to establish equal footing.
Attorney Irwin M. Pollack devotes his entire family law practice to contested and uncontested divorce in Massachusetts. Use our quick links to learn more about divorce planning, discovery and hidden assets, tax implications, alimony and the need to file first.
Call (800) 910-DIVORCE to learn more about your options, or contact us for a no-obligation consultation relating to contested divorce matters. To get started on your uncontested divorce, go here.