In Massachusetts, both parents have a legal obligation to contribute to their child’s financial needs, whether they were married or not. For unmarried parents, obtaining child support can be a complex process that involves establishing paternity, calculating support obligations, and enforcing court orders when necessary. Understanding the legal process can help custodial parents secure the financial assistance their child is entitled to.

Establishing Paternity: The First Step

Before child support can be ordered, paternity must be legally established. Massachusetts law provides multiple ways for unmarried parents to confirm paternity. The most straightforward method is signing a Voluntary Acknowledgment of Paternity (VAP) at the hospital when the child is born or at a later time through the Registry of Vital Records. This document legally recognizes the father and grants him rights and responsibilities toward the child.

If there is any dispute about paternity, either parent can file a petition with the Massachusetts Probate and Family Court to request a court-ordered DNA test. Establishing paternity not only allows a custodial parent to seek child support but also ensures the child can benefit from parental health insurance, inheritance rights, and other legal protections.

How Child Support is Calculated in Massachusetts

Massachusetts follows the Child Support Guidelines, which provide a framework for calculating support based on both parents’ incomes and other financial circumstances. Factors considered in the calculation include:

• The gross income of both parents.
• The number of children requiring support.
• The amount of parenting time each parent spends with the child.
• Expenses related to health insurance, childcare, and education.

Typically, the non-custodial parent (the parent who spends less time with the child) will be required to make child support payments to the custodial parent. The court aims to ensure that the child maintains a similar standard of living to what they would have had if the parents had remained together.

Filing for Child Support in Massachusetts

A custodial parent can file a Complaint for Support in the Massachusetts Probate and Family Court to initiate the child support process. Once the complaint is filed, the court will review financial statements from both parents and apply the Massachusetts Child Support Guidelines to determine an appropriate payment amount.

For parents seeking assistance in enforcing payments, the Massachusetts Department of Revenue (DOR) can help collect and distribute child support payments. The DOR also has the authority to enforce court orders through various means, including wage garnishments, tax refund interceptions, and suspending a delinquent parent’s driver’s license if they fail to make payments.

Modifying a Child Support Order

Child support orders are not permanent and can be adjusted if circumstances change. Either parent can request a modification if there has been a significant change in financial status, such as:

• Job loss or a substantial reduction in income.
• Increased income or financial stability for the non-custodial parent.
• Changes in the child’s needs, such as medical or educational expenses.
• A shift in the amount of time each parent spends with the child.

To modify an existing child support order, a parent must file a Complaint for Modification with the court and demonstrate that a change is necessary based on updated financial or personal circumstances.

Enforcing Child Support Orders

If a parent refuses to pay child support, the Massachusetts court system provides several enforcement measures. The DOR Child Support Enforcement Division can take action against non-paying parents by:

• Wage garnishment, deducting support directly from paychecks.
• Intercepting tax refunds and other government payments.
• Reporting delinquent payments to credit agencies.
• Suspending driver’s or professional licenses.
• Taking legal action that could result in fines or even jail time in extreme cases.

Ensuring Financial Security for Your Child

Child support is crucial to maintaining a child’s well-being, ensuring that both parents contribute fairly to their upbringing. Massachusetts law provides clear legal pathways for unmarried parents to secure financial support for their child, whether through establishing paternity, filing for support, or modifying an existing order. If you are facing challenges in securing child support, working with an experienced Massachusetts family law attorney can help you navigate the legal process and ensure your child receives the financial assistance they deserve.