Boston Divorce Lawyer – Boston Divorce & Family Law Attorney Blog

“But that’s what child support is for!”

I often hear this refrain, or its cousin “I understand that’s why s/he is paying child support”.  More often than not, it isn’t correct in the context.  People tend to think that a child support payment is intended to be the full contribution owed by a non-custodial parent, but that is rarely true.  So what is child support for?  And when are you liable for or entitled to additional monies?

Child Support is intended to insulate children from the economic impact a divorce can have on a child’s standard of living.  As the 2009 Massachusetts Child Support Guidelines states, Child Support is intended “to meet the child’s survival needs in the first instance, but to the extent either parent enjoys a higher standard of living, to entitle the child to enjoy that higher standard”.  Translated into lay terms, Child Support is meant to enable a child to have his or her basic needs met by items or services of the same quality he or she enjoyed during the marriage.  So what do these payments actually cover?  Food, clothing, shelter and basic sanitary/hygienic needs, like groceries, household cleaning supplies, toilet paper, and toothbrushes.

That being said, it’s time for what Child Support isn’t considered to include.  A monthly child support payment does not include monies owed for a person’s share of a child’s medical expenses.  It doesn’t include extraordinary basic expenses, like a share of tuition for a private school or college.  It doesn’t include fees associated with a child’s extracurricular activities.  While a parent may not be automatically liable for some portion of these costs, if the children were already creating or were expected to create these sorts of expenses at the time of their parents’ split, it’s difficult to argue that a parent shouldn’t continue to be responsible for some portion of this expense if she or he can afford to help.

This doesn’t mean that one parent may decide to take on some huge expense for a child and then force the other parent to contribute.  It likewise doesn’t mean that a parent can refuse to contribute to these expenses merely because he or she pays child support.  As with so many things in the area of family law, the law takes the commonsense approach: the involved parties need to look at the situation on the ground and decide what is in the child’s best interest.  Once that is determined, it is a question of the fairest way to accomplish that goal.

If you are currently having an issue with how you and your child’s other parent should apportion payment for certain expenses related to your child, it is worthwhile to consult with an attorney or mediator to assist you in coming to a solution that is fair and reasonable not only to you, but to your child.

You should never pay your child support in cash!  The simple reason is that you cannot trace cash payments.

If there is a court order for child support that’s requiring you to pay x amount in child support and you pay cash, who’s to say you actually paid it?  And in several years, how will you remembered if you’ve paid every single payment or if you’re missing a few?  If the other parent sues you for unpaid child support, how are you going to prove that you actually paid?

The best way to pay child support is through automatic wage assignment by the Department of Revenue (DOR).  In Massachusetts, the DOR has a special division called the Child Support Enforcement division that will automatically pull the right amount of child support from your paycheck and will make a note of it in their system.  The DOR usually has an office in each county inside or near the Probate and Family Court whether you’re in Boston or Cambridge or Quincy.  If you owe back child support, they will be able to calculate it in their system.  Above all else, they will have documentation of every child support payment you’ve ever made so there can be no arguments about whether or not you actually paid child support.

The next best thing to paying your child support through the DOR is paying by check.  At least if there’s ever a disagreement, you can track checks although this can be difficult forensic accounting if we have to go back many years.

In this video, I talk about the basics of Massachusetts child support laws.  I discuss when child support is to be paid and how much support is paid by using the child support guidelines.  For parents wishing to obtain child support, I talk about the different types of services available, both free and paid.

Part III of an ongoing series exposing the truth about Family Law Myths.   To see the truth about more Family Law Myths, see Parts I and II.

Myth: If I’m completely uncooperative, I can stop the case from moving forward.

Truth: All too often, people believe that if they refuse to participate in the process (divorce, child custody, child support, alimony, paternity, etc.), the process can’t move forward.  The truth is that while this might stall the proceedings temporarily, it won’t work for long.  Not only will the process move forward, but it will more than likely end with a final result that you absolutely hate.  Why?  The courts can only make decisions based on what is presented to them, and the other party has no responsibility to tell them your side of the story.

Your failure to respond to filings and refusal to show up for court dates hurts only you.  Only you (and your attorney) can defend your interests.  The thought of going to court makes everyone anxious.  It’s not a pleasant way to spend your day.  But what’s at stake is too important to let anxiety get in the way.  If you ignore the process, the process will go forward, ignoring you.

Myth: A good lawyer can be found cheaply or for free.

Truth: You wouldn’t walk into the super market and ask for free food.  A brand new car with an incredibly low price tag would probably make you suspicious.  So why would you expect a good family law attorney to be cheap or free?  Like all other things, when it comes to legal services, you get what you pay for.   Why would you want to pinch pennies with what is at stake in a family law matter?

If you truly cannot afford a family law attorney, it may be worthwhile to look into pro bono (free) legal services that may be available to you.  There are a few things worth remembering when looking for these services:

-           Just calling private attorneys offices and asking for free or discounted rates likely isn’t going to get you free or discounted services.  It’s not that attorneys don’t want to help you, it’s that they can’t afford to!

-          Family law matters are matters of civil law.  This means you don’t have the right to an attorney.  That only applies to criminal matters.

-          Legal services agencies (agencies that receive funds from the Commonwealth to provide free legal services) can only provide services to individuals who, at the very least, meet income requirements.  In lawyer terms, you must be “indigent.”  This typically means your household’s income is equal to or less than 175% of the Federal Poverty Line.  Right now, that’s approximately $13,500/year +$4,500/year for each additional family member living in the household.

**Even if you meet this requirement, different agencies have different “priorities” for service.  These priorities are set by the Commonwealth when the agency is created.  While the agency might have discretion to accept other cases, they also have practical limits like their funding and their caseload.  Often these agencies can’t accept all cases that fall within their priorities, let alone accept ones that fall outside of them.

Anyone who’s had a matter in the Probate and Family Court in Massachusetts knows that you spend a lot of time waiting around the courthouse to be heard.  Being a Divorce Attorney, I often find myself sitting in the hallways of the courthouse waiting.  In these hours of waiting, I often hear unrepresented parties discussing their legal matters and I’ve come to realize that there are a lot of misconceptions when it comes to what the law actually is.  I’ve decided it’s time to address these myths, and bring some clarity.  I give you: Family Law Myths Exposed: Part I.

Myth: Having Joint Legal Custody means that each parent is financially responsible for half of everything the child needs.

Truth: Whether or not a parent has legal custody of a child has nothing to do with whether or not he or she has to pay support, or how much that parent will have to pay.  Legal custody dictates who gets to make major decisions for your child, like where your child will attend school.  Child Support is based on the gross incomes of both parents, and who has physical custody of the child.  Support is paid because both parents have a responsibility to contribute to their child’s financial well-being, but the court isn’t going to order a parent to pay half if he or she can’t afford that.

Further, both parents may not be responsible for all of a child’s expenses.  Child Support is about covering the necessities in a lump sum.  Things like food, clothing, rent or mortgage payments.  There are plenty of things that aren’t considered necessary expenses, or that are covered by orders separate from a Child Support order.  There may be separate provisions for healthcare expenses, or extracurricular activities.  Often times, when it comes to discretionary spending that the parents don’t agree on (for instance, one parent feels it appropriate to buy the child a brand new car and the other parent doesn’t agree), the parent who disagrees may not be responsible for any portion of the purchase.

Myth: Whether or not a parent pays Child Support determines whether or not he or she has a right to see his or her child.

Truth: The obligation to support your child and the right to spend time with your child are totally separate issues.  A parent who puts his or her child at risk may be required to pay support, even though he or she is not allowed to see the child.  Likewise, a parent who cannot pay support may have an order allowing him or her frequent visits.   In the Probate and Family Courts, judges are looking at what is in the best interest of the child.  Most of the time, this is the child having both of his or her parents in his or her life, making financial contributions at a level they can afford.

Myth: You have a right as a parent to see your child.

Truth: To a certain extent, this is true, but not the way most parents seem to think about it.  As mentioned above, the Probate and Family Court is really protecting the rights of your child; your child’s right to be safe, happy, and healthy—emotionally, mentally, and physically.  Most of the time, this interest is best served when everyone who loves your child gets to play a part in his or her life.  This is why a court will order a visitation schedule.  Not because you as a parent have a right to that time with your child, but because your child has a right to that time with you.