Changing Child Support Orders In Massachusetts
Modifying child support payments is possible when circumstances change. Check state child support guidelines to see if you may qualify for a modification

December 17, 2011 /24-7PressRelease/ -- Changing Child Support Orders In Massachusetts

In tough financial times, changing the amount of child support you owe or receive may be essential to keeping yourself financially afloat. Modifying your child support payment is possible, but a modification must comply with the state's child support guidelines. The guidelines take into account both parents' income, the ability to earn income, how many children there are, what age those children are and any healthcare expenses the children need.

If the circumstances that initially created the support order have changed, you may wish to consider a modification. A parent may have lost a job and been forced to obtain other employment at less income. Perhaps a child now has unexpected medical expenses. Whatever the financial changes, a child support calculation worksheet is available online from the Massachusetts Department of Revenue (DOR). You can fill out the worksheet to get an idea as to whether a change in child support is feasible.

Generally the Court considers a 20 percent change in the Child Support amount, (up or down) as the threshold for a "material change in circumstances". Therefore, if the resultant change is less than 20 percent it is unlikely the Court will grant your modification.

It is within the Courts' discretion to order a retroactive application of the modification back to the date of service on the other Party. These matters take months to reach a final determination while most Judges refuse to alter the order on Temporary Orders. That is the payor continues to pay the order until modified, so the sooner you file and serve the better.

Documentation Required

For a post-divorce modification, documentation is necessary to prove that your circumstances have changed. You will need to file a complaint with the court, as well as show a financial statement, federal income tax returns, payroll stubs if employed and proof of health insurance payments or medical bills.

The documentation is even more essential if one parent is self-employed or owns his or her own business. Extensive documentation and receipts proving income -- or lack thereof -- are necessary to prove your total income to the court. Federal and state tax returns may not be sufficient. Any claim of disability must be supported by solid medical documentation.

Take Action, but Do Not Stop Making Payments

Remember that child support is a legal obligation and should continue for as long as the agreement dictates or until modified. For those looking to end or reduce child support payments, simply reducing or stopping payments is not an option. Child support should take a very high priority, even for those struggling with debt or other obligations. Late payments and underpayments are considered in arrears, and the amount owed will gather interest and penalties.

Conversely, if your ex has reduced or stopped making child support payments, you may file a Contempt of Court Complaint and take collection actions against your ex, if the facts support your case.

If you need to lower your payments, or because of a change in jobs or health insurance, need to receive more child support, contact a family law attorney to discuss a potential modification.

Be aware, any agreement you may make with the other Party on the issue of modification, outside of the Court system, will not be enforceable unless it is officially filed as a "Modification of the Judgment." That is, the current order remains in effect and is enforceable until "modified. Thus if you agree to lower the support amount and you pay the reduced amount for a year and the other Party becomes upset for any reason, he or she can claim you are in Contempt and will likely be successful in obtaining a Court order for the "arrearage" owed by you and Attorney's fees -- even if the agreement is in writing.

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