Date: February 15, 2011
By: Attorney Renay S. Smallcomb
When a couple with children divorce, one of the greatest concerns is the award of child support and custody. To ensure that child support awards are consistent, both Massachusetts and New Hampshire have created statutory Child Support Guidelines to set standards in child support orders in divorce and other domestic relations cases. The formula used by the court take into account the parents' incomes, the number of children, and deductions from combined gross income. These guidelines apply to child support orders whether or not the parents are married, and apply to temporary child support orders, final child support orders, and modification of child support orders. The court will apply guidelines where one party has primary physical custody of the child or children. The guidelines do not apply when both parents have shared physical custody or when there is split physical custody. In determining child support, the court will also consider who bears the costs of health care coverage, and how much time the non-custodial parent spends with the child or children. The court may approve an agreement by the parents as long as the agreement is found to be fair and reasonable and makes adequate provision for child support. The court may modify a prior child support order determined under the Guidelines when there is a showing of a significant discrepancy between the prior order and a proposed new order calculated under the Guidelines. You can review the statutory guidelines for child support on our website. If you have any questions please feel free to contact our office at 978-687-1777 or 603-898-8198 or contact me via email at rsmallcomb@difruscialaw.com.
Be sure to tune in to our cable television show, "The Law and You," hosted by Attorney Anthony DiFruscia of DiFruscia Law Offices, which airs on the Windham Cable Channel 21. This month's guest is attorney Ruth-Ellen Post of Windham. For more information, please contact Kelly O'Loughlin at (603) 434-0300.
