Can you Deviate from the Massachusetts Child Support Guidelines?

When completing the Massachusetts Child Support Guidelines Worksheet, many people are surprised by the resulting amount.  The court treats the worksheet amount as presumptive, which means that the amount in the worksheet is likely to be ordered by the court unless there is a good reason to deviate.  A common question in mediation between parents (both married and unmarried) is:

If we agree to a different child support amount than the worksheet (or no child support at all), can we opt out or agree to a different child support than the guidelines suggests?

The short answer is: sometimes.  

In order to receive a Judgment from the court (whether in a divorce or an action between unmarried parents), the court requires the filing of the Child Support Guidelines worksheet.  However, there is a list of deviation factors in the Guidelines that the court can consider for ordering a number different than the worksheet.  

When people are proposing a deviation that they have agreed to, the court has to decide if it's fair and reasonable and in the best interest of the child or children.  The court's level of push-back depends on how big of a deviation it is, which Judge you get, and how good your reasons are for deviating.  A small deviation by agreement will almost always be approved without much question.  Some Judges will question a larger deviation more than others and so in preparing the paperwork without knowing which Judge you might get we typically make sure to include some reasons for the deviation.  

The current language in the 2023 Massachusetts Child Support Guidelines on deviation states:

Section IV: Deviation

A. The Court, or the parties by agreement approved by the Court, may deviate from these guidelines and overcome the presumptive application of these guidelines, provided the Court enters specific written findings stating:

1. the amount of the order that would result from application of the guidelines;
2. that the guidelines amount would be unjust or inappropriate under the circumstances;
3. the specific facts of the case which justify departure from the guidelines; and
4. that such departure is consistent with the best interests of the child.

B. Circumstances which may support deviating, above or below the presumptive guidelines amount, including setting a child support order at $0, are as follows:

1. the parties agree and the Court determines the agreement to be fair and reasonable and approves their agreement;
2. a child has ongoing special needs or aptitudes with financial consequences;
3. a child has ongoing extraordinary mental, physical, or developmental needs with financial consequences;
4. a parent has ongoing extraordinary mental, physical, or developmental needs with financial consequences;
5. a parent has extraordinary expenses for health care coverage;
6. a parent has extraordinary travel or other expenses related to parenting time;
7. a parent has extraordinary child care costs for the children covered by this order;
8. a parent provides substantially less than one-third of the parenting time for a child or children;
9. the payor is incarcerated and has insufficient financial resources to pay support;
10. application of the guidelines, particularly in low income cases, leaves a parent without the ability to self support;
11. application of the guidelines would result in a gross disparity in the standard of living between the two households such that one household is left with an unreasonably low percentage of the combined available income;
12. application of the guidelines may adversely impact reunification of a parent and child where the child has been temporarily removed from the household in accordance with G.L. c. 119; and
13. absent deviation, application of the guidelines would lead to an order that is unjust, inappropriate or not in the best interests of the child, considering the Principles of these guidelines.

C. Whenever application of the guidelines requires a payor to pay a recipient more than 40% of the payor’s available income in Line 3a of the guidelines worksheet for a current child support order, there shall be a rebuttable presumption of a substantial hardship, justifying a deviation from the guidelines.

If you are requesting that the court approve an agreement for a deviation, the court has a Findings & Deviation form that has to be filed with the court proposing that the Judge approve the deviation contained in an Agreement.

If you want to access free versions of the Child Support Guidelines Worksheet and Findings & Deviation forms, the court has provided pdf or online versions here:

Massachusetts Child Support Guidelines Worksheet

Findings & Deviation Form

Gray Jay Endeavors LLC has created more editable versions of these forms in Excel and Word respectively available for purchase and download here:

Excel Massachusetts Child Support Guidelines Worksheet

Word Findings & Deviation Form

Both of these are also available for practitioners to use in multiple cases with a forms subscription at Gray Jay Endeavors, LLC.

Gray Jay Endeavors, LLC provides Separation Agreement Templates and Massachusetts divorce forms as a resource for professionals and divorcing couples.  If you are a professional who wants to learn more about our forms subscriptions visit GrayJayEndeavors.com.  

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