Extensive Family Law Representation at Hoffman Law
If you’re reading this, you’ve likely either already gotten or are thinking about getting a divorce. Very few things in life are as traumatic as ending a marriage. If children are involved, these feelings can be tenfold. While it can be very difficult, staying in a broken marriage can be far worse.
Even once the marriage is over, and the divorce has been finalized, there are numerous issues that remain. If children are involved, you can expect these “issues” to continue until the children are eighteen years old, and – in many cases – well into their college years. Parenting choices and decisions (related to the children), visitation, child support issues, and financial obligations pertaining to college or trade school, are all issues that necessitate returning to court for hearings and possibly trials.
Hoffman Law can get you through these complicated and emotional challenges successfully, while informing you of all of your rights and options. We provide vigorous and dedicated representation, adeptly maneuvering your case through the legal system toward your ideal outcome. From day one, we put our experience to work for you, helping you avoid common pitfalls Whether you’re contemplating divorce or are facing child support or child custody issues, call Hoffman Law today, for your free initial, confidential, consultation!
How does Child Support Work in Massachusetts?
Child support is one of the recurring issues that accompany a divorce. Of course, the issue of child support is dealt with at divorce, but this is not the end of the matter. Whether you are dealing with this issue for the first time or are revisiting it, due a “material change in circumstances,” you will want to know how it works.
Very few people find that child support is calculated the way they imagined it would be. For example, it might be presumed that if parents share custody of their children 50/50, that neither parent will end up owing child support to the other. However, this assumption is incorrect This is one of the many false ideas clients often have, when coming through our doors. This article will help you understand the basics of Massachusetts child support law.
The actual child support calculation is based on the Massachusetts’ Child Support Guidelines (“MA CSGS”). Copies of the most current CSGS can be readily found online. Make sure you download the most recent version, as these guidelines are frequently revised. Once you have the MA CSGS, you next need your financial statement and the financial statement of the other party.
In any Massachusetts’ Family Law Court, financial statements must be printed on pink paper – thus “the dreaded pink” as they are often referred to. Whether you go to family court for a divorce or child support, you must submit a new finanacial statement each time you go to court, unless you are having a trial and it lasts more than one day. If you make more than 75K per year, you must fill use the long form financial statement. If your salary is less, you may use the short form financial statement. These can also be found online, or your attorney will provide one for you.
Well, as you can imagine, this is where some people start getting “creative,” let us say, when it comes to actually filling out their financial statements. Avoid this compulsion, if you have it, as the other side – if he or she is represented by an attorney – may very well subpoena your salary information, from your employer. This is a good way to immediately get on the judge’s bad side. Rather than trying to decrease your payment of child support (or increase your receipt of it) by fudging your financial statement, invest in an attorney to help you with the process. An attorney will know all of the many legal variables and extenuating circumstances, which can help your case, and will almost always change the outcome in your favor.
Once you have the MA CSGS and your financial statement, along with the other party’s financial statement (both parties are required to provide the other with their financial statements), you or your attorney will want to print out the Massachusetts Child Support Guidelines Worksheet. Sometimes, they come together. Next, simply fill in the worksheet to arrive at the calculated child support payment.
There are some important factors you will want to keep in mind. First of all, the MA CSGS takes into account the payment of medical insurance, for the child, by one parent, and gives that parent a proper adjustment to his or her wages, in the worksheet. This adjustment used to be negligible, but it has been altered into a more meaningful adjustment.
Second, for situations where one parent has sole custody, and the other visitation, you will want to bear in mind that the MA CSGS are based on the noncustodial parent having the children for 30 percent of the time. Why is it important to know this? Because, if the custodial parent has the child for more than 70 percent of the time, then he or she will want to point it out to the judge, in court, because he or she should receive an appropriate increase. On the other hand, if the noncustodial parent has the child more than 30 percent of the time, he or she should receive a decrease in his or her payment.
Third, as was mentioned above, in situations where the parties have shared custody, and each has the child 50 percent of the time, the court will still award a child support payment. The way this works is the same as above. Each party fills out the financial statement, and then – using the guidelines and worksheet – a payment is calculated. The party with greater income will end up having to pay the other party a child support payment.
Fourth, let’s talk a little about the process. Whether it is done in conjunction with a divorce or a modification, the parties will have to go before a judge. When you go to court, you will want to remember that emotional outbursts will not help your case. If you attempt to handle your case pro se (without an attorney), you must tread very carefully. You are not going to like a lot of what you hear the other party say. In fact, you will very likely not like everything the judge has to say either. You must control yourself, if you hope to succeed in court. This is why it is crucial to have legal representation. An attorney can argue your case vehemently, and not be rebuked by the court, because the judge understands that it is not personal. When a pro se party tries to do this, he or she will likely be rebuked by the judge, and this often effects the judge’s ruling.
Finally, do yourself a favor, and invest in a quality attorney. Remember when you run the MA CSGS and Worksheet, there are many things that can cause the court to adjust the final numbers. This is why having legal representation is so crucial. Your attorney will know all of the legal caveats and extenuating circumstances that can allow the judge to adjust the child support payment, and avoid following the guidelines, almost always resulting in a more desirable outcome. When you consider the fact that child support payments can now be required long into your child’s college years, it makes sense to fight for the best possible outcome you are entitled to by law.
Call us today, if you have any questions, for your free, confidential, initial consultation!
A Child Support Trial?
We’ve all heard of criminal and civil trials. Maybe you’ve even heard of a trial, for a divorce. However, not many people realize that – at times – you can also have a trial on child support. Whether you’re in court, with respect to child support, in conjunction with divorce proceedings or have come back seeking a child support modification, the judge will initially issue temporary orders, including a temporary order for child support. If either party is not happy with what his or her payment/receipt is set at, he or she can demand a trial, and the issue of child support will be scheduled for a trial.
A trial on child support, in Massachusetts, is a full-fledged, evidentiary, trial. This means, if you had been a pro se party up until that point (pro se – meaning you represented yourself), it is time to hire an attorney to represent you. Family court judges are often very understanding of pro se parties (of course, not all). Judges understand that they are not attorneys, and – therefore – give them a measure of flexibility, when they are before the judge for a hearing. However, a trial is not a hearing. For a trial, the judge would have to insist that all legal rules and laws were followed. This would be very difficult, and probably impossible, for a pro se client, who has never been to law school.
If you have scheduled a trial on child support, you will need competent representation. A trial must be conducted according to the rules of evidence, the Massachusetts’ Rules of Civil Procedure, the standing orders of the court, and the rules of the court, in which the trial takes place. These are just the procedural rules that must be followed. Then there is the whole question of strategy. There are many, many issues that have absolutely no bearing or effect on the outcome of how much child support is or is not awarded. Family court judges, in Massachusetts, are only allowed to make adjustments to the child support guidelines, for a number of limited areas. If you are going to trial on child support, it is not helpful to simply present evidence. You must present specific evidence that focuses on one of these exception areas, so that the judge can make a finding outside of the standard guidelines numbers. If you were to fail to do this, you would be wasting your time, the other party’s time, and – most importantly – the judge’s time. Judges do not respond well to this, and you could easily end up with a final judgment that leaves you worse off than you would have had without a trial. This illustrates the need for legal representation, if you opt for a trial on child support.
A trial on child support can be very helpful, particularly when there are extenuating circumstances that can alter how much you either pay or receive in child support. The reality is that there are simply times when it will take time to convince a judge of an extenuating circumstance, more time than is allotted for a standard hearing. Judges are people too. They can be convinced, with proper evidence and testimony. In these situations, insisting on a trial on child support can prove critical and necessary to a fair outcome.
If you think what you are paying or receiving, in terms of child support, is unfair, and – particularly – if you think there are extenuating circumstances that should be considered by the family court, contact Hoffman Law today, for your free initial, confidential, consultation. We will be happy to discuss your particular situation, and to inform you of all of your legal alternatives, given your current situation.
When can I seek a Child Support Modification?
As with court-ordered child-custody arrangements, child support orders can be altered, provided a ‘material change’ in circumstances has occurred. These can be modified in either direction. In other words, the amount ordered to be paid can be both increased and/or decreased, and it does not matter which parent brought the modification hearing. In some cases, the support order can even shift from one parent to the other, if circumstances warrant it.
For example, if the non-custodial parent (the parent who does not have custody) gains custody and the other parent, who formerly had a low paying job, now has a high paying job. In such a situation, it is possible that both the custody order & support order would shift. The bottom line is, if you have encountered a change in your circumstances, you can seek a child support modification. Some examples of changes that would allow you to seek a child support modification include:
A change in your income – increase or decrease.
A change in the other parent’s income – increase or decrease.
A medical injury – affecting your earning potential.
A change in the custodial arrangement – of your child or children.
The discovery of special needs, for your child or children.
These are just a few examples, to help you understand the sorts of changes that might qualify for a modification. In fact, the potential changes that qualify as “material” are infinite. From a layman’s point of view, when it comes to the consideration of a “material change,” you need only comprehend that the law makes this delineation between a “change” and a “material change” – to keep parents from filing for a modification every time the weather drops a degree or two.
As long as a legitimate change in circumstances has occurred, the court will likely consider it a “material change.” Of course, there are some things that – according to Massachusetts law and certain court decisions – have already been specified as not constituting a material change, but listing each of these is beyond the scope of this article. A qualified attorney will be able to tell you if the change you have experienced is sufficient to seek a modification.