Cavanagh v. Cavanagh - The Case, the Conundrum, & the Consequences Introduction by Nathaniel Butzke More than a year after its release, the Massachusetts SJC decision in Cavanagh v. Cavanagh (2002) remains a topic of discussion at every Massachusetts family law and mediation conference.  The decision had many ripple effects, still being felt on the beachhead of every divorce case involving child support or alimony. Following is an in depth review of the case and some of those effects. Introduction: In divorce proceedings, determining alimony awards is a complex process that requires careful consideration of various factors. Judges tasked with making these decisions must weigh the financial circumstances of both parties, ensuring that the supported spouse can maintain a lifestyle similar to that before the divorce, and children have access to similar households in either parents' care. However, interpreting the law governing alimony can present practical challenges, especially ...

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 estab...

Today, May 18, 2018, the court announced at the MCLE Family Law Conference that a new child support guidelines worksheet will be effective as of June 15, 2018.  The new worksheet is available here .  While the base Guidelines themselves have not changed, the language will be updated to reflect the changes to the worksheet (the new guidelines are expected to be released on May 22, 2018). The updates to the worksheet solves a few issues that arose from the use of the original worksheet.   There have been a lot of changes to support, both spousal and child support, in the last few months. While everyone is still picking over exactly what the  implications of the new Tax Cuts and Jobs Act are for alimony , we wanted to take time to review the current situation under the 2017 Child Support Guidelines.  Divorcing parties and practitioners alike should be mindful of these issues, even though a new form has been issued, because any cases for which child su...

Today, May 18, 2018, the court announced at the MCLE Family Law Conference that a new child support guidelines worksheet will be effective as of June 15, 2018. The new worksheet is available here . While the base Guidelines themselves have not changed, the language will be updated to reflect the changes to the worksheet (the new guidelines are expected to be released on May 22, 2018). There have been a lot of changes to support, both spousal and child support, in the last few months. While everyone is still picking over exactly what the implications of the new Tax Cuts and Jobs Act are for alimony , we wanted to take time to review the current situation under the 2017 Child Support Guidelines.  Divorcing parties and practitioners alike should be mindful of these issues, even though a new form has been issued, because any cases for which child support was set from September 15, 2017 to June 15, 2018 may now be modifiable. The first issue involves the original worksheet Table B...

It is a common refrain that support payments are usually more than the payor wants to pay and less than the recipient wants to receive.  This discrepancy can be extreme when the parties have been used to a particular lifestyle and the payor's income decreases significantly. It is also understandable that a recipient would be skeptical about reducing support if an income decrease for the payor was voluntary, e.g. quitting his or her job. Those were the circumstances in the recent Appeals Court decision: Emery v. Sturtevant .  The husband/payor in the Emery case resigned from a high income position for "personal reasons" and after an extensive job search obtained a much lower paying job in the same line of work.  He then sought a reduction in his child support and alimony which the trial court dismissed indicating that they were attributing income to him at the job he left. The Appeals Court overturned the trial court's decision and directed the lower court to cal...

The Alimony Reform Act defines income to include all income as defined by the Massachusetts Child Support Guidelines which clearly includes bonuses in the list of included income.   In Zaleski v. Zaleski , the SJC remanded the issue of alimony in part because the lower court did not include bonuses in the alimony calculation.  Bonus income, therefore, has to be addressed, but that does not mean it's easy to deal with. Bonuses often vary from year to year so basing a support amount on a specific number could result in an inequity to either the payor or recipient.  Making adjustments periodically presents its own problems as well, requiring a detailed agreement to ensure that the self-modifying calculations are simple enough to avoid future disagreement.  In addition, so-called self-modifying orders have been rejected by the SJC in Hassey v. Hassey , so this is only an option if parties are able to agree. While this is not a simple question, it doesn't mean you h...

Asking why Section 3 is on the new child support guidelines worksheet is like asking why bad things happen to good people.  Everyone has a different theory and none of them are really satisfying. The 2009 Child Support Guidelines Worksheet had two sections which broke the worksheet down into an Income Section and a Calculation Section, with a resulting recommended child support amount.  The new 2013 Child Support Guidelines worksheet changes these two sections and the calculations, which he have discussed previously . In addition, the 2013 guidelines added a new section, Section 3 titled: AVAILABLE INCOME ABOVE $4,808 (If applicable.) In cases where the combined household income is less than $4,808 per week ($250,000 per year), Section 3 will show all zeros.  However, if the family income exceeds this figure, Section 3 displays the proportional amount that each party has left-over in gross income after using the first $4808 per week in combined income to calcu...

On August 1, 2013, the new Massachusetts Child Support Guidelines took effect.  The new guidelines contain numerous language changes which affect the interplay of child support and other issues in a divorce or paternity case; touching on everything from shared parenting to college education costs. In addition, the child support formula and the worksheet for the 2013 guidelines is significantly different than then 2009 guidelines.  The court has issued a new worksheet which is required if you are filing any matter in the Probate & Family Court that involves support of children.  To assist you in completing this form  Kelsey & Trask. P.C. and Finn & Eaton, P.C.  have created the following user-friendly apps: Massachusetts Child Support Calculator for the iPhone by Kelsey & Trask, P.C. MA Child Support Calculator for Android by Finn & Eaton, P.C. Massachusetts Divorce Information for Windows Phone by Kelse...

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 #7: How much Child Support can DOR collect? Child Support is calculated using a formula called the Massachusetts Child Support Guidelines. The formula is presumptive, and Judges can only vary from the formula in specific circumstances. You should consult an attorney to discuss what facts in your case might warrant a variation from the formula. To view the formula and calculate your Child Support view our Massachusetts Child Support Guidelines Calculator. Kelsey & Trask, P.C. is now offering flat fee representation at DOR support hearings for a flat fee of $750 in most cases.  For teen parents under the age of 18, Kelsey & Trask, P.C. offers free represe...

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 #4: How do Unmarried Parents pay for their Child's Expenses? There are many expenses involved in raising a child, starting with the costs of pregnancy and continuing all the way through college.  When unmarried parents can't agree on how they will divide their child's expenses, then the court can make certain orders regarding support. The court can order parents to pay child support, extracurricular activities, health insurance, uninsured medical costs, birthing and pregnancy costs, and even education and college expenses. Child Support is typically paid by the non-custodial parent to the custodial parent for the support of the child. To obtain a court order fo...

The Duggar Family (from  examiner.com ) The Massachusetts Child Support Guidelines recognize that families with multiple children have increased expenses (although those expenses are not simply doubled with each additional child). The 2009 guidelines included a multiplier for each additional child (up to 5, sorry Duggars).  This multiplier directly increases the amount of child support owed by a specific percentage.  In the 2013 guidelines these percentages were increased, though due to the reduction in the base rates for support the impact on prior orders may simply cancel each other out. The increase in rates is shown below: Obviously from the chart there is not a suggested multiplier for families like the Duggars or Octomom, but the guidelines do at least address these situations by setting a minimum presumption: "The guidelines formula applies to families with 1-5 children. For more than five children, the order should be at least the amount ordered for fiv...

Between 2009 and 2013 a lot has changed.  In 2009 Kanye West was the only one who couldn't wait for Taylor Swift to finish her speech and in 2013 ain't nobody got time for that.  We went from not knowing who Susan Boyle was to again not knowing who Susan Boyle is.  And your Three Wolf Moon T-shirt is probably getting a little worse for wear. Believe it or not, Massachusetts family laws relating to support between 2009 and 2013 have seen some significant changes as well.  With the new child support guidelines, released on June 20, 2013 and taking effect on August 1, 2013, the Chief Justice and the Child Support Task Force had the opportunity to reflect these changes in the new guidelines. More specifically, the guidelines reference both the Alimony Reform Act of 2011 and the recent decision in Morales v. Morales .  Since we have discussed both of these changes in previous posts (links above) we will only address here how the new guidelines reference these ch...

In 2009, the Massachusetts Child Support Guidelines added language acknowledging the increase in shared parenting by specifically defining how the Court should calculate child support differently when parents share parenting time "equally, or approximately equally."  The 2009 Guidelines recognized the sharing of parenting costs in shared parenting arrangements, determining the presumptive support amount "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." Prior to this addition there was significant deviation in how different Judges handled the question of child support in shared parenting arrangements, ranging from no child support to standard child support guidelines, both extremes of which fail to recognize the financial impact of shared parenting. However, the 2009 Gu...