Massachusetts Child Support Guidelines News

Massachusetts Child Support Guidelines News - Minor Update in July 2023

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 orders.

This is the only change from the 2021 guidelines. The updated 2023 guidelines are available here.

Obviously this change will only have an effect on cases where a party is incarcerated and won't affect other cases. In addition, this change did not affect the Worksheet (which is still the 2021 worksheet)

If you prefer to use an Excel version of the Worksheet, that version (along with an Excel version of the Massachusetts Rule 401 Financial Statements) is available for download with a subscription to Gray Jay Endeavors, LLC Massachusetts forms.

Click here to read more information about the 2021 Child Support Guidelines Revisions. We'll see you again in 2025!

Comments

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...

Search This Blog