Child support is an important component of Massachusetts’s family law. Every parent in the state has the obligation to support their children. Because of this, child support is always a concern in all divorces that involve children. Also, this is an inevitable issue in paternity cases even if the other party is not interested in collecting support. Under Commonwealth law, parents must share the child-rearing cost.
Although the majority of payments tend to proceed without issues, they may stop, resulting in the accumulation of past-due balances. When this takes place, you may need to seek enforcement of child support through the right state agency or the court. An attorney from a reputable Massachusetts family law firm can help you navigate this process.
An Overview of Massachusetts’s Child Support Rules
Child support is financial support given by a parent to another for their kids. It pays for the basic needs such as shelter, clothes, food, and insured health expenses of the children. Under state law, both parents must support their kids whether or not they are married. The custodial parent usually doesn’t make child support payments to the child’s other parent. Often, the non-custodial parent is assigned child support obligations even if extensive parenting time is also given to them.
If the non-custodial parent does not pay child support, enforcement becomes necessary. If you are a custodial parent, you can make this enforcement possible through your lawyer or the DOR/CSE office.
Enforcing Child Support Privately
Spouses who obtained a child support order usually prefer private enforcement. This involves filing a court motion and asking the judge who decided on the matter originally to enforce the order. When not disputed, the judge issues a judgment for unpaid balances that you can collect through wage garnishment and negotiation.
The delinquent parent can dispute the motion, but this effort is often restricted to disputing only the arrearage amount. At this time, a child support modification can be requested; however, this won’t change the past-due amount. This motion is meant to adjust future payments, making it easier to pay off an arrearage.
In such cases, the involvement of the DOR/CSE is meant to collect the payments. A job change or loss without informing the agency can lead to arrearage of payments. When this happens, the agency can enforce the order and garnish future wages and bank accounts.
Enforcing Child Support with the Involvement of the State
You can also enforce a court-ordered child support arrangement through the DOR/CSE. The involvement of the agency is necessary if you are on welfare or TAFDC. The agency will then set and collect support payment and apply everything to the benefit amounts except for the $50 of the payment.
If you did not use the agency to establish your support claim from the get-go, you can work through them for the enforcement of the support order. Sometimes, support payments come smoothly and promptly due to the involvement of the agency. However, if job loss takes place without notification, having the state’s help to locate assets and income sources can result in a more successful collection.
Penalties a Delinquent Parent Can Face
To enforce child support, you must first notify the delinquent party about the arrearage and demand payment arrangements. This party will get papers that detail why arrangements must be made while noting that not following instructions will lead to jail time.
But jail is usually the last resort when support obligations remain unpaid. Before you move to this step, the DOR/CSE will try to withhold tax refunds, garnish wages and earnings through self-employment, attach property like real estate, revoke the driver’s license, suspend business or occupational licenses, or cancel a passport.
