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- State laws govern child support increases in Masschusetts.children image by Mat Hayward from Fotolia.com
Any person with a court order to receive child support in Massachusetts can file for an increase in support payments, under eligible circumstances as described in state law. Changes in income, living situations, or the needs of the child all are considered legally valid reasons to raise the support amount. However, in some cases, increasing the support order is at the sole discretion of the court. - When the obligated (support-paying) parent has an increase in income or receives a large sum of money from other sources, such as lottery winnings, insurance payments, or an inheritance, the custodial parent can file in court to have the child support order increased. The custodial parent's income also is considered, but only the amount exceeding $20,000 per year after daycare expenses. If the noncustodial parent's income is more than $135,000 per year, increases in child support are at the sole discretion of the court, as the original support order is typically already set at the maximum support levels allowed in Massachusetts.
- The Massachusetts statues only cover support orders for children under the age of 18. Any increases or continuing support for a child older than 18 are determined by the court. Other needs, such as tuition for school or daycare so the custodial parent can work, are also considered valid reasons for raising the support amount. Activities which the court deems in the best interest of the child, such as summer camps and school programs, can be added to the support order if the judge decides the parties involved can afford the extra fees. Children with chronic illnesses or disabilities also can receive an increase of support.
- If the obligated parent is providing the health insurance for the child, the child support amount is reduced by 50 percent of the amount of the insurance premium, if insurances costs will increase when the child is added to the policy. If the insurance lapses while the child support obligation is still in effect, the child support is increased by the amount of the premium deduction. When the recipient parent is providing health care coverage, she can apply in court to have the child support increased by 50 percent of the insurance costs.
- If the recipient parent is seeking an increase in child support and the noncustodial parent has had more children, he can use the expenses of the new family as a defense against support increases. However, the child support order cannot be reduced based on the costs associated with the new family.
Changes in Income
Age and Needs of the Child
Health Insurance
Subsequent Children
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