Federal regulations mandate each state review child support guidelines at least every four years. In September 2017, Massachusetts enacted new child support guidelines after a review. However, the Trial Court has worked to alleviate several issues outstanding from these revised guidelines by amending the 2017 guidelines, as well as completely overhauling the child support guidelines worksheet in June 2018.

Here’s a breakdown of what has changed, and the still-remaining issues that could be addressed in future amendments.

What’s New?

The 2018 child support guidelines give a credit for the amount of medical, dental and/or vision insurance or child care costs to the party who pays these expenses (rather than 

just a deduction from their total income).

Prior to the June 2018 amendment, there was a problem of “double counting” the credit that a party receives for paying insurance or child care, in a shared physical custody arrangement. Prior to the June 2018 amendment, to calculate child support for a 50/50 parenting plan, the court

calculated the guidelines with each parent as the custodial parent and the net amount would become the child support payment. The challenge with running the 2017 guidelines twice was that the party who pays the insurance or child care would receive twice the credit. The June 2018 child support guidelines alleviate the necessity to run the child support guidelines twice, therefore preventing the issue of double counting any insurance or child care credit.

Child support calculated differently for families with children over the age of 18, and additional children under the age of 18.

The September 2017 child support guidelines reduced support orders for children over the age of 18. However, the chart included in the 2017 child support guidelines resulted in some puzzling results for any families of four or more children, where at least one of the children was over the age of 18, effectively awarding a greater amount of child support to a party who has custody of just three children under the age of 18, than to a party who has custody of three children under the age 18 and at least one child over the age of 18. The June 2018 child support guidelines stated, in a comment, an attempt to “fully preserve the increases in child support for additional younger children,” as reason for amending the way child support is calculated.

What Changes Could be Next?

While the new Massachusetts child support guidelines are utilized in the majority of custody cases, there are still several issues with the guidelines that have not been addressed by the Trial Court, causing some inconsistencies in rulings among Judges. These issues could be up for review next time the child support guidelines are amended.

  • The child support guidelines only calculates orders at a combined total income of $250,000 between the parties.   Any income above and beyond the combined $250,000 is to be addressed at the discretion of the Judge. The Trial Court has yet to address a uniform method for handling such an overage when calculating the child support guidelines.
  • The new child support guidelines deal with different custody arrangements: primary custody of all children to one parent, each parent having primary custody of one or more child, and joint physical custody of the children. However, there is no method set forth regarding how to calculate child support when the parties have multiple children and to which the parties share physical custody of one or more children, and one or the other of the parents has primary physical custody of at least one child. Under such a parenting plan, there are no instructions as to how to calculate the child support guidelines.
  • The child support guidelines remain silent on whether or not child support should be reduced in one or both parents are contributing toward college, and if so, what the formula should be for such a reduction.

If you are involved in any legal matters involving the issues of custody and child support it is important that you speak with an attorney who specializes in the field of domestic relations law to ensure that all of your rights are preserved. Contact us today so we can help.

To read the full Massachusetts Child Support Guidelines, visit https://www.mass.gov/info-details/child-support-guidelines.