Five Things to Know about Massachusetts New Child Support Guidelines

In 2021, Massachusetts revised the state’s Child Support Guidelines.

Here are five changes you need to know about, including differences in how child support orders are calculated and the addition of stock options to the Definition of Income.

  1. Minimum weekly support amounts: The minimum child support order was increased to $40 per week from $25 per week, except in low-income cases where the order can be as low as $12 per week.
  2. Maximum income: The prior child support guidelines were only applicable to the first $250,000 of combined income. They will now apply to the first $400,000 of combined income.
  3. Base child support increases, depending on the number of children: Compared to the changes we saw in 2018, there has been a massive increase in base child support for families with multiple children. There is a 40% increase for families with two children, 68% increase for families with three children, an 85% increase for families with four children, and a 94% increase for families with five children.

    Consider this example. The increase means that a current child support order of $250 per week for two children will increase to $280 per week under the revised guidelines. Families with three children will see an even greater jump, with a $250 order for three children under the 2018 Guidelines potentially increasing to $308 per week under the revised guidelines.

  4. Child Care Expenses: Under the new guidelines, childcare costs are no longer a deduction from income. Instead, parents will now share the actual costs of childcare paid in proportion to their income, up to $355 per child, per week. This is the new limit on the amount of childcare costs per child, per week that is eligible to be shared between parents in proportion to their respective incomes. This changes from the 15% maximum parents were previously allowed to deduct from their gross income.
  5. Definition of Income: The definition of income now specifically includes income from stock options and other similar incentives. This change makes clear that a parent cannot reduce their child support obligation by choosing to be heavily compensated in stock options, rather than take home pay.

Additionally, Massachusetts has implemented changes in child support verbiage. For example, parents are now referred to simply as “parents” instead of litigants, presumably to create a less contentious environment.

Please note that existing child support orders are not automatically changed to comply with the new guidelines. If you have questions are need assistance with your family’s Massachusetts child support situation, contact Silva & Salinas. Our experienced family law attorneys can explain how the new guidelines could impact your child support order.

Call 978-741-2000 or email us at [email protected].