Will the court award me child support to help with the children’s care?
In almost every case children support will be paid to assist in the care of the children. Child support is not automatic however, the court (Judge) in Massachusetts will use the Child Support Guidelines to determine the amount of child support. The guidelines will calculate and determine the support based on the number of children, their ages, the parties combined income, daycare costs, the costs of medical insurance, and if applicable the child support paid by the obligor spouse to another family.
Can I obtain a modification of support?
If after an order for support has been obtained there exists a material change in circumstances then yes, the support can be modified by the judge. If you recalculate the child support according to the child support guidelines and the new amount of child support exceeds the old amount of child support then that is a material change of circumstances and warrants a change in the child support order.
What if my spouse refuses to pay support?
Child support is paid by a spouse directly, by direct deposit, or through the Massachusetts Department of Revenue via an employer wage assignment. The mechanism of the payment may change depending on the circumstances of the case. A contempt action maybe filed where one party has refused to obey a court order. A court order for the payment of child support can be enforced with a contempt action. The court will also award legal fees against the offending party. The withholding of child visitation to force the payment of support is illegal and a contemptuous act.
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