Boston and North Shore Attorneys Assisting With Child Support and Alimony Deviation
Like many states, Massachusetts determines child support to be paid or received using guidelines that govern the factors to be considered when calculating an amount. Although the judges in the Probate and Family Courts in Norfolk, Suffolk, Essex and Middlesex counties generally apply the guidelines as written, there are circumstances in which they will approve a deviation from the guidelines. It is important to have legal representation that knows when and where your circumstances may warrant a deviation from the guidelines.
When Are Deviations Possible?
At The Massachusetts Family Law Group, our attorneys assist parents with all issues related to child support calculations, including deviating from the Commonwealth's guidelines. Because we appear in area courts almost every day, we are able to anticipate how a particular judge might respond to a support proposal that deviates in some way from the standard guidelines. Some of the reasons that judges have approved deviations include:
- One parent receives the tax benefits of the exemptions for the children and child-care expenses
- The annual gross income of the parties exceeds $250,000
- The parties have children with unique medical needs relating to cancer or heart defects, muscular dystrophy or cystic fibrosis; developmental challenges like autism, down syndrome or mental retardation; special behavioral and learning concerns such as ADHD, Fetal Alcohol Spectrum Disorder, Dysfunction of Sensory Integration, and Tourette Syndrome.
- Payor is incarcerated.
- One parent has extraordinary travel or other expenses relating to parenting, such as air travel or the cost of hotel stays related to out-of-state parenting and visitation, or high tuition costs when one parent is financing a private school education.
- The application of the support guidelines would adversely impact the reunification of a parent and child where the child has been removed from the home based on allegations of neglect.
Recent Changes in the Child Support Guidelines
The child support guidelines changed in January 2009, reflecting changing assumptions about families in the Commonwealth. Parents whose support orders have been in place for three years or more can seek modifications of child support paid or received to bring support amounts into compliance with the guidelines. They do not have to demonstrate a substantial change in circumstances to effect such a change.
Is Your Current Attorney Not Getting the Results You Need?
If you have lost confidence in your current attorney, consider hiring our lawyers. We have nine attorneys at our firm and have represented clients in child support matters in each of the Probate and Family courts in Eastern Massachusetts. When you retain us, your spouse and his or her attorney will know immediately that you are serious.
For more information, call a Boston child support guidelines lawyer at (800) 763-1030 or send an e-mail to schedule a free initial consultation.
