At The Law Offices of Robert P. Luber, we know that dealing with child support issues in Massachusetts and New Hampshire can bring significant challenges for families. Whether you’re looking to establish, adjust, or enforce a child support order, it’s essential to have a skilled Child Support lawyer to advocate for your family’s best interests. Our firm is dedicated to providing personalized legal guidance tailored to your unique situation. We offer a free consultation to explore your options and help you understand your rights. Reach out to us today at (978) 224-1190 for the support you need during this important time.
Debunking Common Misconceptions About Child Support in Massachusetts and New Hampshire
Child support is an essential aspect of family law, ensuring that children receive the financial support they need to thrive after a divorce or separation. However, many people hold misconceptions about how child support works. These myths can cause confusion and lead to misunderstandings about the rights and responsibilities of parents. As a divorce and family lawyer in Massachusetts and New Hampshire, it’s important to address these myths and clarify the facts so that parents can make informed decisions.
Myth 1: Child Support Is Only for Custodial Parents
A prevalent myth is that only custodial parents are entitled to receive child support. While it’s true that child support payments are typically made to the parent who has primary physical custody of the child, this is not always the case. Child support is based on the financial needs of the child and the ability of both parents to provide for those needs, not just on who has custody.
In many cases, the non-custodial parent may be required to pay child support even if they have joint custody. If the parents share custody equally, the court will calculate child support payments based on the parents’ incomes and the amount of time each parent spends with the child. The parent who has the higher income or who spends less time with the child may be required to pay child support.
Myth 2: Child Support Payments Are Set in Stone
Another common myth is that child support payments are fixed once they are determined and cannot be changed. In reality, child support payments can be modified if there is a significant change in circumstances. This could include a change in income, a change in the child’s needs, or a shift in the custody arrangement.
If one parent experiences a substantial increase or decrease in income, they can request a modification of the child support order. Similarly, if the child’s needs change, such as in cases where the child requires medical care, the child support amount can be adjusted. Massachusetts law allows for modifications to be made, but the parent requesting the change must demonstrate that there has been a substantial change in circumstances since the original order was issued.
Myth 3: The Amount of Child Support Is Always the Same for Every Family
A common misconception is that child support amounts are the same for every family in Massachusetts and New Hampshire. However, child support is not a one-size-fits-all system. Massachusetts and New Hampshire uses a set of guidelines to calculate child support, but the amount can vary depending on several factors. These factors include the parents’ incomes, the number of children, the amount of time each parent spends with the child, and the child’s special needs.
The Massachusetts and New Hampshire Child Support Guidelines provide a formula that calculates the amount of support based on the parents’ combined income. However, the court may adjust the amount based on specific circumstances, such as extraordinary medical expenses or other costs related to the child’s well-being. It’s essential to remember that child support is tailored to each family’s unique situation, and no two cases are identical.
Myth 4: In Massachusetts, Child Support Ends When the Child Turns 18
A frequently held belief is that child support automatically ends when a child reaches the age of 18 in Massachusetts. While it’s true that child support obligations can terminate when the child turns 18, this is not always the case. Massachusetts law allows for child support to continue if the child is still in high school at the age of 18 and has not yet graduated. In this case, child support may be extended until the child turns 21, or until the child graduates from high school, whichever comes first. New Hampshire law allows for child support to terminate when the child turns 18 years old.
Additionally, if the child resides at home and is principally dependent on a parent for support or attends school post-high school, child support obligations may continue even beyond the age of 21. Parents should not assume that child support automatically stops when their child turns 18. If the circumstances warrant it, child support obligations can extend beyond this age.
Myth 5: Non-Payment of Child Support Means the Parent Doesn’t Care About the Child
Some people assume that if a parent is not paying child support, it means they don’t care about their child. While it is true that failing to pay child support can have a serious negative impact on the child’s financial well-being, there may be other factors at play. For example, a parent may be facing financial hardship, job loss, or other challenges that prevent them from making their child support payments.
In Massachusetts and New Hampshire, the court has options for enforcing child support orders, including wage garnishment, tax refund intercepts, and even contempt proceedings. However, it’s important to recognize that non-payment does not always mean a parent is not trying to fulfill their obligations. If a parent is struggling to pay child support, they should seek legal counsel to explore options for modifying the payment amount or addressing any challenges they face.
Myth 6: You Can Avoid Paying Child Support If You Don’t See the Child
Another myth that frequently comes up is the idea that if a parent doesn’t have visitation or parenting time with the child, they don’t have to pay child support. This is false. Child support is not contingent on visitation or the amount of time a parent spends with the child. Child support is based on the financial needs of the child, and both parents are required to contribute to those needs, regardless of how often they see the child.
Even if a parent has limited or no contact with their child, they may still be obligated to pay child support. The court’s primary focus is on the child’s best interests, and ensuring they receive adequate financial support is part of that focus. Child support is a legal responsibility that cannot be waived simply because of limited contact.
Myth 7: Child Support Is the Same as Alimony
Finally, it’s important to clarify that child support and alimony are separate issues. Child support is intended to cover the financial needs of the child, such as housing, food, and clothing, while alimony is designed to support the ex-spouse after a divorce or separation. Some people mistakenly believe that alimony payments automatically include child support, but this is not the case.
The amount of child support is determined based on the needs of the child and the income of both parents, while alimony is determined based on factors such as the length of the marriage, the standard of living, and the recipient spouse’s needs. These are separate legal issues, and one does not replace the other.
Child support is a critical part of ensuring that children receive the financial support they need after a divorce or separation. However, there are many myths surrounding child support in Massachusetts that can create confusion. By understanding the facts and seeking professional legal advice when necessary, parents can make informed decisions about their rights and responsibilities.
Secure Your Child’s Future with a Child Support Attorney
At The Law Offices of Robert P. Luber, we are committed to helping you navigate the complexities of child support in Massachusetts with confidence and clarity. Our experienced Child Support attorneys are here to guide you every step of the way, ensuring that your child’s needs are met while protecting your rights. We offer a free consultation to discuss your case and provide the support you need. Call us today at (978) 224-1190 to schedule your consultation and take the first step toward a fair resolution.
