CHILD SUPPORT QUESTIONS AND ANSWERS

ACCORDING TO MASSACHUSETTS LAW

1. If I file for a divorce and our children are living with me, will I be able to get child support from my spouse while the divorce action is pending, or will I have to wait until the divorce becomes final?

            A: Generally speaking, after a divorce action is filed, either of the parties to the action may ask the court to enter "temporary orders" pertaining to the custody of the children, visitation, and child support. These temporary orders will remain in place until the divorce is finalized.

2. If I am not ready to file for divorce, but I want to seek child support or alimony from my spouse, may I do this in Massachusetts?

            A: Yes. You may file a Complaint for Support and seek financial support for you and your children, as well as medical insurance.

3. If the father of my children and I are not married, may I ask a Massachusetts court to order him to pay child support?

            A: Yes. If paternity has been established, you may file a Complaint for Support and seek child support. If paternity has not been established, please refer to the web page entitled "Paternity Issues."

4. How is child support calculated in Massachusetts?

            A: In Massachusetts, each party must prepare a financial statement and submit it to the court each time they are in court. The court then uses the information in the financial statements and applies the Massachusetts Child Support Guidelines to calculate the amount of child support ordered. Deviations from the guidelines occur in unusual circumstances.

5. If I was divorced in another state and now reside in Massachusetts with my children, do I have to go back to the court in the other state if my former spouse is not paying the child support obligation?

            A: Generally speaking, a Massachusetts Probate and Family Court will take jurisdiction related to child support matters for children living within its county so long as the children are legally present in that county (i.e., they have not been "kidnapped") and there are no pending proceedings in the other state pertaining to the children.

6. If I have been ordered to pay child support in Massachusetts and I have lost my job and can no longer afford to do so, may I simply stop paying the child support?

            A: No. If there is an outstanding order for child support by a Massachusetts court and you have encountered a material change in circumstances related to your ability to pay that child support order, you must bring a Complaint for Modification of the child support order in the court from which it was ordered. You may not unilaterally stop paying child support because you may be held in contempt by the court.

7. If the father of my children has stopped paying child support ordered by a Massachusetts court, is there anything I can do?

            A: Yes. You may file a Complaint for Contempt in the court that issued the child support order and seek to have the father to be found in contempt (and possibly held in custody until such time as he meets his child support obligations). Furthermore, if the father claims that he can no longer afford the child support obligations and is using that as a justification to stop paying child support, you may perform discovery of the father's financial status in the contempt proceeding. You may also request that the court attach any real estate or other property that the father may have to secure the payment of the outstanding child support obligations.

8. If I was divorced many years ago and there is a provision in the separation agreement that requires my ex-spouse to pay child support, may I get the amount of child support changed?

            A: In Massachusetts, upon a showing of a material change in circumstances since the parties signed the separation agreement that would warrant a change in the amount of child support obligations, a court may alter the child support in the separation agreement if it is in the best interests of the children. The court would use the Massachusetts Child Support Guidelines to calculate the new child support order. Furthermore, the very fact that the Massachusetts child support guidelines would presently require a higher child support obligation to be paid by your former spouse may be sufficient grounds to have a court increase the child support obligation.