Every parent in Essex County and throughout Massachusetts has a legal obligation to financially support their children, even if they are no longer in a relationship with the child’s other parent. Child support orders issued by a family court enforce this requirement. These orders could stem from a court hearing, divorce proceedings, or an agreement between the parties.
Understanding your rights and responsibilities as a parent can be much easier if you retain a knowledgeable Essex County child support lawyer as early as possible. While courts have the exclusive authority to make legally binding decisions regarding child support obligations, there is much you can do with a family attorney’s assistance. For instance, our team members could help you protect your rights throughout the entire process of handling a support order.
Basic Child Support Calculations in Essex County
In practice, child support obligations generally fall on the non-custodial parent, assuming that the parent with primary custody fulfills their financial responsibilities through daily care for the child. The state’s child support guidelines calculate the amount that the non-custodial parent must provide each month.
The main variable prioritized by these guidelines is each parent’s gross monthly income, which includes wages or salary, tips, commissions, bonuses, dividends, royalties, pensions, and even Social Security or disability benefits. If a court finds that a parent has intentionally remained underemployed or unemployed to reduce their gross income, it may assign a more reasonable amount of income to that parent and make child support calculations based on this new total—often referred to as imputation of income.
Once each parent’s gross income is established, their child support obligation is calculated based on the percentage they contribute to the combined monthly income. When applicable, certain expenses paid on a child’s behalf, like health insurance and the cost of extracurricular activities, may be incorporated into a support order.
While this system might seem confusing and overwhelming to navigate alone, a knowledgeable Essex County attorney can clarify these child support requirements during a consultation.
Can a Family Deviate from these Child Support Guidelines?
It is important to understand that these guidelines are flexible. If two parents believe that deviating from the regulations would better serve a child’s interests, they can petition a court to reconsider the value of required support. Factors that courts may consider when deciding whether to modify child support obligations include:
- Extraordinary medical or other childcare-related expenses
- The child’s special needs
- Extreme disparity between each parent’s standard of living
- Serious health issues for the paying parent
- The amount of parenting time each parent has
- Past removal of the child from a parent’s home due to abuse or neglect
A seasoned lawyer in Essex County can assess each parent’s situation to determine if modifying a child support order or deviating from the established guidelines would better serve a minor’s needs.
Seek Help from an Essex County Child Support Attorney
Child support responsibilities can vary significantly from person to person, and the basic calculations included in state guidelines do not always perfectly match a family’s circumstances. Because of this, having advice from experienced legal counsel is vital to obtaining a support order that preserves your child’s best interests without being unfair to you.
A conversation with an Essex County child support lawyer could be a key first step towards achieving a positive case outcome. Call our office today to schedule your initial consultation.
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