The Principle Behind Child Support

Every state has laws (statutes) relating to child custody. In Massachusetts, child support "guidelines" have been formulated to be used by Probate and Family Court judges, whether the parents of the child are married or unmarried, in setting any temporary or permanent order for current child support, in deciding whether to approve agreements for such support and in deciding cases relating to modification of any order.

Quite often, spouses refer to what they "have to pay" to their former spouse each month. It's important to recognize that the guidelines were set based on several principles including, but not limited to, the following:

1. Minimizing the economic impact on the child of family breakup;
2. Encouraging joint parental responsibility for child support in proportion to, or as a percentage of income;
3. Providing the standard of living the child would have enjoyed had the family been intact;
4. Meeting the child's survival needs
5. Taking into account the non-monetary contributions of both parents; and
6. Minimizing problems of proof for the parties and of administration for the courts.

The guidelines also recognize that in order to maintain a home and reasonable lifestyle for minor children, the primary caretaker will choose to work. In this case, a disregard of income of up to $20,000 is considered for normal costs of daycare.

A favorite issue of mine relating to child support in the section entitled "Attribution of Income." Here, the rule reads as follows:

If the court makes a determination that a party is earning substantially less than he or she could through reasonable effort, the court may consider potential earning capacity rather than actual earnings. In making this determination, the court shall take into consideration the education, training, and past employment history of the party. These standards are intended to be applied where a finding has been made that the party is capable of working and is underemployed, working part-time or is working a job, trade, or profession other than that for which he or she has been trained.

This determination, however, is not intended to apply to a custodial parent with children who are under the age of six living in the home.