Deciding who pays what and how much during a divorce can get complicated. When it comes to addressing reciprocal support orders, could a snapshot support calculation be the right thing for you? The court has discretion in determining an appropriate support order based on the unique set of facts for each case.  In a recent Appeals Court case (Calvin C. v. Amelia A.), the court found, in limited circumstances, that a “snapshot” approach can be considered by using the parties’ incomes and simultaneously calculating their respective obligations to each other.

When dealing with two payors whose combined income is less than $250,000, who have reciprocal support obligations to one another (i.e. Husband pays alimony to Wife, Wife pays child support to Husband) and a materially reduced post-marital lifestyle, “The snapshot approach appears to be the only method of calculating reciprocal orders that does not give rise to the need for additional calculations and adjustments.”

Please contact one of our attorneys at Ryan Faenza Carey with any questions as to support and the calculation of same.

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Child support questions

There are so many questions to consider when it comes to child support. Attorney Kara Carey lays out some of the most frequently asked questions, so you don’t have to go searching the web. From costs, to taxes and Massachusetts guidelines, and some of the other questions you may not think to ask.

  1. How is child support determined? In Massachusetts, we have child support guidelines that are used to create a presumptive child support amount. A judge may deviate from this amount for various reasons. View the calculator here.
  2. Do the guidelines ever change? The guidelines are reviewed every four years by the child support taskforce who determine whether the guidelines and worksheet change. The current 2020 – 2021 task force includes one of our partners, Kara J. Carey.
  3. Are bonuses included in determining a child support figure? This depends – a judge has the discretion to handle bonuses or income that is not guaranteed in a variety of ways. The amount can be included in the guidelines or addressed separately – it will largely depend on the frequency, amount and consistency of bonuses.
  4. Does parenting time affect the amount of support paid? The guidelines have two options to address different parenting plans. If the parties have approximately equal parenting time and financial responsibility, the guidelines are calculated to determine the net of support paid each way. If one parent has significantly more parenting time, the guidelines are calculated with the primary custodian receiving support from the other parent.
  5. What if I am the payor and lose my job and cannot afford to make my child support payments? There are serious repercussions for failing to pay child support, and the court is limited in making retroactive adjustments. A complaint for modification will need to be filed; experienced counsel can help with this transition to protect your interests.
  6. What other costs affect the child support calculation? The payment of health insurance, dental insurance and vision insurance premiums, as well as costs for daycare, are taken into consideration on the child support worksheet.
  7. Do I have to pay taxes on the child support I receive? Child support is not deductible to the payor, and not taxable to the recipient.
  8. Does child support automatically end? That depends on the language in your order or judgment; discuss with counsel to ensure you are not in contempt.

For more information on related child support questions or when child support ends, view our blog discussing the same. 

The U.S. government is about to send checks — or direct deposits — to most Americans to help people survive financially as much of the economy shuts down to slow the spread of the coronavirus. Bipartisan legislation recently signed into law would provide $1,200 payments to adults with annual incomes up to $75,000, plus another $500 per child. Some Americans earning more than $75,000 would also receive money if they meet certain qualifications. The Treasury Department and IRS are still trying to determine a lot of the administrative details; for now, there is no information available beyond what is in the legislation.

One important carve out appears to be that a stimulus check would be reduced or, potentially, eliminated if past child support payments are due and the amount has been reported to the federal government. Under a 1996 law, the Treasury operates a program that allows it to collect overdue child support by cutting or withholding federal payments as an offset. State child support agencies, such as the Massachusetts Department of Revenue, share information with the Treasury about people who are behind on payments and the amounts.

If you have any questions, please contact one of our seven attorneys at Ryan Faenza Carey.

Whenever the Department of Children and Families (DCF) supports a finding of child abuse or child neglect against you, you have the absolute right to appeal that decision by requesting a Fair Hearing. To start an appeal, you must file a written request for a Fair Hearing within thirty (30) calendar days after receiving the decision against you. The DCF office will have fifteen (15) business days to review your request. The Fair Hearing will be scheduled within sixty-five (65) business days from receipt of your request.

It is extremely important you have an attorney represent you at the Fair Hearing. You and your attorney will have the right to request and examine copies of your DCF file and any 51A and 51B reports used to support findings of abuse or neglect against you. Your attorney will go over the alleged facts of the case, determine that DCF did not conduct a complete investigation, and illustrate how DCF did not have reasonable cause to believe the child was abused or neglected.

The attorneys at Ryan Faenza Carey have a unique understanding and experience with the Fair Hearing process. We represent you from start to finish, accompanying you at home visits, DCF interviews, and the entire Fair Hearing appeal process. We will prepare you for your testimony, present written motions, call witnesses, and cross-examine all DCF social workers who participated in the investigation.

There are many divorce attorneys and firms who like to define themselves as specializing in representing “men” or representing “women” in particular. Over the years, divorce has become more gender neutral, although not completely gender neutral.  “Parenting” has replaced the traditional notions of “custody” and “visitation,” recognizing the importance of both parents.  Recent significant changes in both the alimony and child support laws have resulted in more gender neutral treatment in these areas (i.e. alimony and child support orders received by both men and women).  

So do you need a “divorce attorney for men” or a “divorce attorney for women”?

We at Ryan Faenza Carey believe the selection of an attorney to represent you in a divorce is an important one, and that there are many considerations more important than gender.  Experience, professionalism, and high rate of settlement are all important considerations in selecting an attorney.  It is critical that you feel trust and confidence in your attorney, and that you are able to communicate with him or her.  Over the decades, our firm has represented roughly equal numbers of men and women in divorce and family law matters.  We believe this broad base of clientele allows us to be strong advocates for both men and women, resulting in a meaningful resolution in most cases.

Decide for yourself. Call us for a consultation.