With the release of the updated 2017 Child Support Guidelines , everyone is talking about how the new guidelines will change current child support orders. Right at the cusp of the child support alteration was a case in the middle of the child support debate around court v. self-modification of child support orders: Calabria v. Calabria, 91 Mass. App. Ct. 763 - Mass: Appeals Court 2017.   In Calabria, the stipulations in the initial separation agreement of the couple in question were as follows: “The parties agree that upon any change in his or her employment of income he or she shall immediately notify mother/father of the change, the child support will be reviewed. This Wife is currently unemployed. The Husband’s income has been cut in half. Both parties are obligated to notify the other upon any change of employment or salary status. Parties agree to immediately seek to modify the child support obligation and said modification to be retroactive to the change of employ...

In Massachusetts the Department of Revenue Child Support Enforcement Division (DOR:CSE) provides child support collection services to both payors and recipients of child support.  Three attorneys from DOR:CSE recently spoke at a Boston Bar Association Family Law Section Brown Bag presentation and shared the following amazing facts: In 2014 the Massachusetts DOR:CSE collected  over $646 million dollars in child support.   DOR:CSE can collect child support in any case where the child support figure is a sum certain and the recipient requests services.  They deduct support directly from the payor's paycheck which reduces the administrative burden of payment on both the payor and recipient.  They also track any arrears which can assist parties in keeping a clear record of child support owed. Each case at DOR:CSE has an individually assigned case worker  and each case worker has between 1200 and 1900 cases.   DOR:CSE has a comprehensive we...

A Complaint for Contempt is the action by which you can request that the Court make a finding and issue sanctions for failure of one party to meet the obligations and requirements of a Court Order or Judgment.  Sanctions can include civil fines, payment of attorney's fees and costs, modification to existing orders or judgments, or in some cases incarceration. To succeed on a Complaint for Contempt you must prove two things: first, you must prove that there has been a "clear and unambiguous" order or judgment and second, you must prove that the other party "knowingly violated" the order. If the Contempt involves a financial order, depending on the remedy you are seeking, the US Supreme Court case of Turner v. Rogers  may also now require that you prove an "ability to pay."  Traditionally in Massachusetts the Court's have allowed "inability to pay" an order as a defense to certain enforcement attempts (such as incarceration).  This w...

Summer is finally here.  The air is humid, the sunblock is out, and it's finally time for vacations and school break.  But enjoying summer too much has its consequences.  Our  Summer Lovin'  series is about those consequences for Unmarried Parents in Massachusetts: Summer Lovin' Series #8: The DOR is requesting past child support.  Can they do that? In a Divorce case, a custodial parent cannot receive any child support for time prior to the filing and service of the Complaint. This is because there is a presumption that the parents lived together and shared income until the case was filed. In a Paternity case there is no such presumption and DOR or a custodial parent can request child support arrears dating all the way back to the birth of the child. There are a number of factors that the Court can consider in determining the amount of and the appropriateness of a child support arrearage and you should consult with an attorney to discuss these fa...