Child Support
Child Support Attorney in Salem, MA Making Sure Your Child Gets What They Are Owed
Child Support in Massachusetts: What the Guidelines Say and What They Miss
Massachusetts uses a formula to calculate child support — but a formula is only as accurate as the numbers that go into it. When one parent underreports income, omits overtime, or deliberately positions themselves to appear less financially capable than they are, the number that comes out of that formula fails the child it was designed to protect. On the other side, a parent facing a support obligation that no longer reflects their actual financial reality deserves the chance to have that demonstrated to the court fairly and honestly. Lamb & Lamb, P.C. has represented both parents seeking support and parents seeking modification across Essex County and the North Shore for over 25 years — and knows exactly what the Massachusetts Child Support Guidelines are designed to capture, and what experienced representation has to catch when they fall short.
How Massachusetts Calculates Child Support
Child support in Massachusetts is calculated using the Massachusetts Child Support Guidelines, with the non-custodial parent's gross weekly income and the number of children as the primary inputs. But the calculation does not stop there. Courts also weigh each parent's earning capacity, the cost of medical and dental care, childcare expenses, the amount of parenting time allocated to each parent, and each parent's other legal financial obligations. The goal is a number that genuinely reflects the child's needs and both parents' ability to meet them — not a number that one parent has engineered to their advantage.
One of the most important tools the court has is the ability to impute income. If a parent is voluntarily unemployed, underemployed, or has taken a lower-paying position to reduce their support obligation, the court can calculate support based on what that parent is capable of earning — not what they are choosing to earn. Lamb & Lamb knows how to identify this pattern and how to present the evidence that reveals it.
When the Numbers Don't Tell the Full Story
Child support disputes frequently come down to a single question: is this financial statement accurate? The documents behind this firm include a case where a father's financial statement omitted significant overtime income. Lamb & Lamb obtained pay stubs demonstrating that overtime had been earned for the majority of the prior year. The judge based the support calculation on the full income — resulting in an increase of nearly $200 per week more than the father had proposed, nearly $800 more per month for the child. That outcome did not happen because the guidelines produced it automatically. It happened because an attorney knew what to look for, knew how to document it, and knew how to put it in front of the judge in a way that could not be dismissed.
Modifying an Existing Child Support Order
Circumstances change. A parent loses a job, receives a significant promotion, remarries, or takes on new financial obligations. The parenting schedule shifts. A child's needs evolve. Massachusetts law allows child support orders to be modified when there has been a material and substantial change in circumstances — but demonstrating that change convincingly requires preparation. The October 2021 update to the Massachusetts Child Support Guidelines is an area Lamb & Lamb actively advises clients on, as many existing orders were calculated under earlier guidelines and may no longer reflect current standards.
Modification works in both directions. In one case, a father sought a reduction after losing his job. When the court initially declined — citing retirement account funds as available resources — Lamb & Lamb successfully argued that forcing a client to liquidate a retirement account and absorb the resulting tax penalties and early withdrawal consequences was not a reasonable expectation. Child support was reduced on a temporary order. In another matter, a client received a significant retroactive increase in child support after trial — even though the child had been living at college for most of the year — with the increase made retroactive to the date of service on the modification filing. Both outcomes required knowing the argument to make, and making it precisely.
Child Support and Taxes: What Parents Often Get Wrong
Child support is not tax-deductible for the paying parent and is not treated as taxable income for the recipient — unlike alimony, which carries different tax treatment entirely. Additionally, only one parent can claim a child as a dependent for federal tax purposes. If that question is left unaddressed in a support agreement, the exemption defaults to the custodial parent by federal rule. Lamb & Lamb ensures clients understand the full financial picture of any support arrangement before it is finalized, including the tax implications that shape what an order is actually worth to each household.
Conclusion
Child support is one of the most financially consequential and emotionally charged issues in family law — and it is one where the accuracy of the numbers presented to the court determines the outcome your child lives with for years. Whether you are seeking support that reflects what the other parent is actually earning, pursuing a modification that reflects your changed circumstances, or defending against a modification request you believe is not supported by the facts, Lamb & Lamb, P.C. brings the preparation and honesty this kind of work demands.
"Attorney Boucher-Lamb is thorough, resourceful, and a highly knowledgeable attorney. I hired her many years ago and we have worked together for the past eight years. She is professional, reliable, personable, and an overall fantastic attorney." — Danielle, Lamb & Lamb Client
Lamb & Lamb, P.C. represents clients throughout Salem, Beverly, Danvers, Lynnfield, Peabody, Lynn, Marblehead, Saugus, Wenham, and all of Essex County. Free consultations are available by phone or online. Every inquiry is returned within 24 hours — guaranteed.
