When a couple is going through a divorce, things can get messy – especially when it comes to
finances. Two common financial concerns arise for almost every divorcing family: child support
and alimony.
The basics of Massachusetts child support law and court procedures
Child support is a court order which requires a non-custodial parent to pay money to a custodial
parent to help pay for the child’s needs. A custodial parent is simply the parent with whom the
child primarily lives with upon separation, while a non-custodial parent is the one who has the
child for a lesser amount of time.
Child support will help pay for the child’s needs such as food, clothing, education, medical,
housing, and other such costs necessary for the child’s well-being. When it comes to health
insurance for the child, the judge can order either parent to provide health insurance. There is no
law which requires the non-custodial parent to provide health insurance for the child.
Courts use what is called the “Massachusetts Child Support Guidelines Worksheet” to determine
the amount of child support a parent should pay.
This worksheet requires both parents to provide information about themselves such as their full
names, the number of children who may be eligible for child support, the age of each child, each
parent’s gross weekly income, health insurance costs and childcare expenses. A judge will then
apply the formula provided on this worksheet to calculate the correct child support amount.
Whichever parent is ordered to pay child support can be ordered have the amount deducted
automatically from his/her employment paycheck. This money is then sent to the Department of
Revenue Child Support Enforcement Division (DOR/CSE) by the non-custodial parent’s
employer. The money will then be sent to the custodial parent who can then use the money to
care for the child and for his/her needs.
Types of Massachusetts alimony and future considerations
Alimony is different from child support entirely.
The purpose of alimony is to assist a spouse who has become financially dependent on the other
during the marriage. The court considers a myriad of factors when making an alimony order.
Such considerations a judge will give is the length of the marriage, the income of each spouse,
the education level of each spouse, ability to get a job, health of each spouse, standard of living
of each spouse, and the like.
There are four different kinds of alimony in Massachusetts:
- General Term Alimony: This type of support is paid regularly to an ex-spouse who is
financially dependent on the former spouse. The length of time for general term
alimony increases with the length of the marriage. - Rehabilitative Alimony: This type of support is also paid regularly to an ex-spouse, but
it’s paid with the expectation that the recipient spouse will be able to support themselves
in the future. In this case, the paying spouse may be required to pay ongoing alimony
until the dependent spouse returns to work or transitions from a stay-at-home spouse to a
self-sufficient earner. - Reimbursement Alimony: This is support paid regularly or in a lump sum after a
marriage of 5 years or less. This type of alimony allows one spouse to be reimbursed for
any costs that he or she paid on behalf of the other spouse to further their career, such as
school tuition or professional training. - Transitional Alimony: This is also paid regularly or in a lump sum after a marriage of 5
years or less. Transitional alimony enables a dependent spouse to receive support for a
given period during which he or she adjusts to a new lifestyle or living situation.
In Massachusetts, we have a law that provides guidance on how courts should calculate the
amount of alimony. It is part of the Alimony Reform Act of 2011. The law states that “Except for
reimbursement alimony or circumstances warranting deviation for other forms of alimony, the
amount of alimony should generally not exceed the recipient’s need or 30 to 35 percent of the
difference between the parties’ gross incomes established at the time of the order being issued…”
G.L. c. 208 s. 53b (emphasis added).
To find out more information on either child support or alimony in Massachusetts, contact Silva
& Salinas. We will be happy to help you understand each of these concepts, and how they apply
to your circumstances.
Call 978-741-2000 or email us at [email protected].