Skip to main content

Is Child Support Different if we have Joint Custody?

In Massachusetts, the Massachusetts Child Support Guidelines are based upon the child(ren) having a primary residence with one parent and spending approximately one third of the time with the other parent.

According to the Guidelines, when two parents share equally, or approximately equally, the financial responsibility and parenting time for the child(ren), the child support shall be determined by calculating the child support guidelines twice, first with one parent as the Recipient, and second with the other parent as the Recipient. The difference in the calculations shall be paid to the parent with the lower weekly support amount.

To make this "cross-guidelines" calculation a little faster and easier, we have created a Joint Custody Child Support Worksheet (also available in a mobile version for use on smart phones).

Comments

  1. This is interesting - my (almost ex) wife works part time and the worksheet shows I would owe her $109/week (I'm paying her more than that now). I shared that with a lawyer (non-divorce lawyer) who just went through a divorce and she seemed skeptical that a judge would grant that little of an amount. Is this truly accurate? Also wondering - would a judge not take into account that my wife works part time when the child is 12 and there's no reason for her to not be working full time?

    ReplyDelete
    Replies
    1. Anonymous,

      Thank you for your comment and question. The calculation of child support in Massachusetts takes into account many factors including the gross income of both parties, costs of health insurance, day care and other items. In addition, it is possible in some cases to attribute income to a parent who is underemployed. Whether or not your support could change requires an evaluation of all of these factors. I encourage you to use our calculator at masschildsupportformula.com or to schedule a free 1-hour consultation here.

      Delete

Post a Comment

Popular posts from this blog

2024 U.S. Presidential Party Platforms - What are the policy positions that could affect families?

While the laws that affect family formation, marriage and divorce are often made at the state level, there are also many policies and laws at the federal level that affect families and children.  Just some examples from recent years that have impacted families in my mediation practice include changes to the federal tax laws (such as  the elimination of the alimony tax deduction ) and U.S. Supreme Court rulings on same sex marriage and reproductive health rights.  In just over a month, the United States presidential election will have a significant impact on these federal policies going forward, and could choose the next appointments to the U.S. Supreme Court as well. In 2016 and 2020 we shared what each presidential platform said about families and policy regarding family formation and dissolution, and below we'll provide you an update on the 2024 presidential platforms.  As Maya Angelou said, "When someone shows you who they are, believe them the first time."...

Updating your Divorce Agreement Template - More Lessons from Cavanagh v. Cavanagh

We recently posted a lengthy review of the the Massachusetts SJC decision in Cavanagh v. Cavanagh (2002)  which included some recommendations for drafting divorce agreements, also typically called Separation Agreements.  The Cavanagh case is best known for it's clarification of how the courts should evaluate support calculations when a case may have both alimony and child support.  However, the case also contained numerous rulings that should make practitioners review their Separation Agreement templates and change some of the ways in which they may have previously drafted certain sections. In this post we'll share actual language from the Gray Jay Endeavors, LLC form Separation Agreement template which addresses each of the issues raised by the Cavanagh decision.  If you are a professional interested in purchasing the full Separation Agreement template, check out Gray Jay's  forms subscription which includes editable Massachusetts court forms and financial st...

Co-Parenting Coordinator Agreements - What They Can Do and How to Draft Them

Photo by Marcelo Silva on Unsplash Conflict between parents negatively affects children but for some parents it's hard to avoid conflict when separating or divorcing.  Loss, grief, and anger all make it difficult to co-parent and some parents need help overcoming those barriers. One of the professionals that can help parents reduce conflict by assisting them in making the necessary co-parenting decisions is a Co-Parenting Coordinator.  The duties of a Co-Parenting Coordinator can vary but often include assisting parents with decision making around: changes or clarifications of the existing parenting plan; exchanges of the child or children including date, time, place, means of and responsibilities for transportation; education or daycare including school choice, tutoring, summer school, before and after school care, participation in special education testing and programs, or other educational decisions; enrichment and extracurricular activities including camps and jobs; the c...