What Is Child Support and how is it determined by the court in Massachusetts.

Both parents are legally obligated to provide for their children. If the parents separate, this expectation is continued through the process of child support. At the dissolution of their relationship, typically the child or children shall reside primarily with one parent and the other parent shall have parenting time with the child/children. The understanding is that with whom the child primarily resides, otherwise known as the custodial parent, will provide support through paying for the child’s daily care, while the other parent, the non-custodial parent, will continue support through monthly payments directed to the custodial parent. It is important to
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Massachusetts Family Law and Child Support

If you have ever had to deal with Family Law in the state of Massachusetts, you know that it can be a bit confusing. This is rather frustrating when not knowing your rights and not knowing how to get through the laws can mean the difference between keeping your kids and losing them. Sometimes what’s at stake is somehow even more important than the custody of your kids. Sometimes what’s at stake is making sure you can put food on the table for your kids. If you have won custody already and are expecting child support that isn’t coming, there are a
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Father’s Child Support Reduced On Temporary Order

Father sought a modification of his child support based upon a termination of his employment.  The matter was presented to the judge and the judge was not initially going to reduce Father’s support citing that he had sufficient funds in his retirement account to pay for same.  The Father’s counsel, Attorney Monique Lamb successfully convinced the court that it was not proper to expect Father to liquidate a retirement account and pay the severe penalty and tax for the withdrawal.  Father’s child support was reduced on a temporary order.
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Increase Child Support Order by $800. a Month

Salem, Massachusetts: In Essex Family Court to establish temporary orders during the pending divorce.  The Father provided a financial statement and pay stub that did not include any overtime.  The Mother through counsel, who was Attorney Monique B. Lamb, provided a pay stub for Father that demonstrated his significant over-time income for the majority of the prior year.  The family court Judge saw both documents and both versions of the Massachusetts child support guidelines.  The Judge made her decision which was in accordance with the pay stub and income that the Mother provided for the Father.  This resulted in an
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Family Law: What Should You Do if You Can’t Afford to Pay Child Support?

Dealing with matters of family law, such as child support, can be challenging. Even though you probably certainly have no problem with paying child support to help take care of your children, if you are unable to pay as much as the court is requiring you to, it can put you in a tough situation. Then, you could face all sorts of consequences — including jail time — for not keeping up with your child support. Luckily, there are a few steps that you can take when you can’t afford to pay your child support. Pay What You Can Just
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Child Support and Parenting Time: How Are They Related?

Massachusetts law determines child custody cases on the basis of the “best interest of the child.” The best interest of the child drives every decision the court makes, including the amount of time the child will spend with each parent (“parenting time”), as well as the amount of child support the non-custodial parent will pay the custodial parent. What is Parenting Time? Parenting time refers to the amount of time the child spends with each parent. Generally, there is a custodial parent, who has physical custody of the child for more than half of the time, and a non-custodial parent, who has
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Stock Option Income is Included in Child Support

Divorce and family court judges have long struggled with questions over what income should be considered in determining the appropriate levels of alimony and child support that a spouse is obligated to pay in a divorce proceeding. A Massachusetts Appeals Court clarified one such family law question recently in the case of Hoegen v. Hoegen, in which it ruled that income from restricted stock options that had been awarded to a father must be considered as part of his gross income to determine the amount of child support he was obligated to pay. The father in this case had argued that his ex-wife
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Modifying Child Support in Massachusetts: What Are My Options?

The amount of child support you or your ex-spouse pays may have been sufficient when the court made the ruling, but sometimes what worked previously doesn’t work for the long haul. To obtain more child support or lower the amount you pay, you must work with your child’s other parent to do so or have a judge make a new order. As you navigate the child support modification process, you will find the following tips helpful. In determining whether or not a modification is warranted, the following factors will be considered by the court: Major life event or change in
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Significant Increase In Child Support

Our client received significant increase in child support after trial despite child residing at college for the majority of the year. Increased child support was retroactive to date of service on Client’s modification.
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What You Should Know About Child Support in Massachusetts

In the event of a divorce, one parent may be ordered by the court to pay child support. Under Massachusetts law, both parents are required to support their children—and this is true regardless of marital status (whether the parents are married, divorced, separated, or were never married). The parent the child lives with a majority of the time is termed the primary custodial parent. The noncustodial parent may be required to pay child support. Child support is complicated, but there are several things you should know. One, child support may be used to pay for housing, food, clothing, education, and
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