On July 20, 2023, the Massachusetts Trial Court announced a change to the Massachusetts Child Support Guidelines, that became effective on July 31, 2023. Typically the guidelines are only revisited every four years (with the next update due in 2025), but in some instances interim updates are necessary. In this case, the change was necessary to bring the Massachusetts Child Support Guidelines in conformity with federal standards. Specifically, the child support guidelines have been updated to “[p]rovide that incarceration may not be treated as voluntary unemployment in establishing or modifying child support orders.” 45 C.F.R. § 302.56 (c) (3). These amendments appear in the Preamble and in Section 1. E. 1, which now reads: E. Attribution of Income 1. Income may be attributed where a finding has been made that either parent is capable of working and is unemployed or underemployed. Incarceration may not be treated as voluntary unemployment in establishing or modifying child support
Read about mediation, collaborative law, and divorce in Massachusetts, with content from Skylark Law & Mediation PC, Gray Jay Endeavors LLC, and Dispute Resolution Training Associates.
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