- What if the supporting parent loses his or her job?
- What if the supporting parent goes on welfare?
- What can the supporting parent do about the child support order if he or she reconciles (gets back together) with the custodial parent?
- Once you file a Complaint for Modification or a Motion for Modification of Child Support, how far back will they go in changing the amount of the order?
What if the supporting parent loses his or her job?
When parents who pay child support lose their jobs and their incomes are reduced as a result, they can ask the court to reduce, suspend, or terminate their child support order. Whether the court will actually reduce the child support order will depend on the specific circumstances under which the job was lost and under which the income was reduced. For example, if you lose your job because you were fired for cause or if your period of unemployment or reduced employment can be expected to be short, the court might be less likely to reduce the child support order. If you lose your job because of a lay off or because you have become disabled or suffered an injury that will result in your period of unemployment or reduced employment being more long term, the court might be more likely to reduce the child support order. In order for the court to reduce, suspend, or terminate a child support order following a job loss, you must file a Complaint for Modification, that is, a complaint to modify the child support order. Under the law, you will need to show the court that there has been a significant and material change in your circumstances. An order reducing, suspending, or terminating a child support order cannot go back further than the date on which you gave notice to the other parent of the Complaint for Modification. The order does not date back to the date you lost your job.
What if the supporting parent goes on welfare?
If you go on welfare (public assistance such as TAFDC, EAEDC, SSI), the court will probably reduce your child support payments. The Massachusetts Child Support Guidelines say that the minimum child support order, if your income is less than $101 per week, is $80 per month. The Child Support Guidelines minimum order is "rebuttable," which means you have the right to try to show the court that a minimum order would be unjust or inappropriate under the circumstances. In order for the court to reduce your child support obligation, you must file and serve a Complaint for Modification. An order reducing, suspending, or terminating a child support order cannot go back further than the date on which you gave notice to the other parent of the Complaint for Modification. The order would not date back to the date you went on welfare. If you want the Department of Revenue Child Support Enforcement Division to help you get a court order reducing your child support, there is information available at the DOR/CSE website. Click on "Parents". Then click on "Forms". Then click on "Request for Modification" At the website you can get a copy of the form for requesting a review along with instructions for filling out the form. You can also get this information by calling DOR/CSED's Customer Service line, 1-800-332-2733.
What can the supporting parent do about the child support order if he or she reconciles (gets back together) with the custodial parent?
Having a child support order when the parents live together is extremely unusual. When the parents have lived apart and there is a child support order in effect, if the parents then live together, with the children, a complaint to modify the child support order by terminating it should be successful, particularly if both parents agree that they are reconciled and that the child support order should end. Reconciliation is likely to be viewed by the court as the sort of “significant and material change in circumstances” where a modification is appropriate. The Child Support Guidelines which are used to determine the amount of child support orders do not apply to situations where the parents and children all live together. An order terminating a child support order cannot go back further than the date on which you gave notice to the other parent of the Complaint for Modification. The order does not date back to the date you and the other parent reconciled. Child support arrears that accumulate during the period between the reconciliation and the date of giving notice of the Complaint for Modification would continue to be collectable by the Department of Revenue Child Support Enforcement Division. If you and the other parent want the Department of Revenue Child Support Enforcement Division to help you get a court order terminating the child support order, there is information available at the DOR/CSE website. there is information available at the DOR/CSE website. Click on "Parents". Then click on "Forms". Then click on "Request for Modification" At the website you can get a copy of the form for requesting a review along with instructions for filling out the form. You can also get this information by calling DOR/CSED's Customer Service line, 1-800-332-2733. Effective September 1, 2003, parents can file a Joint Petition for Modification of a Child Support Judgment.
Once you file a Complaint for Modification or a Motion for Modification of Child Support, how far back will they go in changing the amount of the order?
The court will only change the amount of the child support order back to the date when the other parent receives notice of the Complaint for Modification. This is usually the date on which the other parent was served with the summons and complaint.