Best Child Support Lawyers in Braintree

About Child Support Law in Braintree, United States

Child support law in Braintree follows Massachusetts state law and administrative rules. The primary purpose of child support is to ensure that both parents contribute financially to the costs of raising a child. Support obligations typically cover basic living expenses such as food, housing, clothing and medical care. Courts and state agencies use standardized guidelines to calculate a base support amount and then adjust for health insurance costs, child care expenses, and extraordinary needs. Enforcement tools and modification procedures are available when circumstances change or payments are not made. If parents were not married at the childs birth, child support can still be established once paternity is confirmed.

Why You May Need a Lawyer

Child support cases can affect your finances and your relationship with your child. A lawyer can help in many common situations, including:

- Establishing or defending a child support order when parents separate or were never married.

- Establishing paternity so a support order can be entered.

- Calculating the correct support amount when income is complex - for example self-employment, commissions, overtime, seasonal work, or benefits.

- Seeking modification of an existing order due to substantial changes in income, employment, or parenting time.

- Enforcing an order when payments are late or stopped - including wage withholding, liens, interception of tax refunds, or contempt proceedings.

- Handling disputes about who pays for health insurance, child care, or extraordinary medical or educational expenses.

- Navigating contempt or enforcement hearings and protecting your rights if the other parent alleges noncompliance.

- Advising on settlement options, mediation, and rights during divorce, custody proceedings, or when relocating with a child.

Local Laws Overview

In Braintree, child support matters are governed by Massachusetts statutes, court rules and the Massachusetts Child Support Guidelines. Some key aspects to know:

- Child Support Guidelines: Massachusetts uses published guidelines to calculate basic child support based on the parents combined incomes and the number of children. The guidelines produce a starting point that courts often adopt unless there is a justified reason to deviate.

- Income Definition: Income for guideline purposes typically includes wages, salaries, bonuses, commissions, self-employment earnings, unemployment benefits, workers compensation, Social Security, disability and some other sources. Courts can impute income if a parent is voluntarily underemployed or unemployed.

- Additional Costs: Health insurance payments, uninsured medical expenses, and child care costs necessary for work or training are typically allocated between parents in addition to the basic support amount.

- Paternity: For children born to unmarried parents, paternity can be established by a signed acknowledgment at birth or through a court order that may include genetic testing. An established father can then be ordered to pay support.

- Enforcement: The Massachusetts Department of Revenue - Division of Child Support Enforcement can assist with establishing orders and enforcing them through wage garnishment, interception of tax refunds, suspension of licenses and other remedies. Courts can also hold a parent in contempt for willful failure to pay.

- Modification: Either parent can ask the court to modify an order when there has been a substantial change in circumstances. The court evaluates changes in income, employment, health, parenting time, or the childs needs when considering modifications.

- Jurisdiction and Court Process: Child support cases in Braintree are handled through the appropriate family or probate courts in Norfolk County and through state child support enforcement offices when public assistance or interstate issues are involved.

Frequently Asked Questions

How is child support calculated in Massachusetts and in Braintree?

Massachusetts applies the state Child Support Guidelines. The calculation starts with both parents combined gross income and the number of children. The guidelines provide a basic support amount from a schedule. That base amount is then divided between the parents in proportion to their incomes. Health insurance premiums and child care costs are added or allocated as appropriate. Courts may deviate from the guideline amount for documented reasons.

What counts as income for child support purposes?

Income generally includes wages, salaries, tips, commissions, bonuses, self-employment income, unemployment benefits, workers compensation, Social Security and many other sources of regular receipts. Courts may impute income when a parent is intentionally unemployed or underemployed. The specific items counted can vary by case, so document all income sources and consult a lawyer or the child support agency for guidance.

How do I establish paternity if my child was born out of wedlock?

Paternity can be established by a voluntary signed acknowledgment of parentage or by a court order obtained through a paternity action. In contested cases, the court can order genetic testing. Once paternity is established, a court can enter custody, visitation and child support orders.

Can a child support order be changed later?

Yes. Either parent can request a modification if there has been a substantial change in circumstances since the order was entered. Changes in income, employment, health, or parenting time, and new needs of the child, are common reasons. You must typically ask the court or the child support agency to modify the order and provide supporting documentation.

What happens if the paying parent stops making payments?

There are several enforcement tools. The Division of Child Support Enforcement can arrange wage withholding, intercept state and federal tax refunds, place liens on property, suspend licenses, seize bank accounts, and pursue contempt of court proceedings. Criminal penalties may apply in extreme cases. Document missed payments and contact the agency or an attorney for enforcement help.

Do I need a lawyer or can I use the child support agency?

You do not always need a lawyer to open a case or seek enforcement through the state child support agency. The agency can help establish, enforce and modify orders. However, a lawyer is useful for complex income issues, disputes about custody or parenting time that affect support, negotiating settlements, or representing you in court when the facts or law are contested.

How are health insurance and medical costs handled?

Courts often require the parent with access to employer-sponsored health insurance to provide coverage for the child, if it is reasonable in cost. Uninsured medical expenses, such as co-pays or extraordinary medical needs, are typically allocated between the parents in proportion to their incomes or as the court orders.

Will child support continue after the child turns 18?

Support generally continues until the child reaches the age of emancipation under state law, which is often 18. There are exceptions that can extend support, such as if the child remains a full-time student, has special needs, or other circumstances recognized by the court. Your order should be checked for the specific termination conditions.

Can I get retroactive child support for past months?

Courts can award retroactive support to the date that a petition was filed, and in some cases earlier to the date when paternity could reasonably have been established. The scope of retroactivity can be limited by statute or court discretion. Consult an attorney or the child support agency to review the timing and evidence needed for a retroactive claim.

What documents should I bring to my first child support meeting or court hearing?

Bring proof of income for both parents - recent pay stubs, tax returns, W-2s, 1099s, bank statements, and profit-and-loss statements if self-employed. Also bring records of current expenses for the child - health insurance invoices, child care bills, medical bills, rent or mortgage documents, and any existing court orders or custody agreements. A timeline of payments and communication can also be helpful.

Additional Resources

When seeking help with child support in Braintree, consider these kinds of local and state resources:

- Massachusetts Department of Revenue - Division of Child Support Enforcement for case opening, enforcement, and collections.

- Norfolk County Probate and Family Court for local filings and hearings related to custody, paternity and support.

- Local legal aid organizations and pro bono services for low and moderate income residents who qualify for free or reduced-fee assistance.

- County or state bar association lawyer referral services to find a family law attorney experienced in child support.

- Court self-help centers and forms available through Massachusetts courts for parties representing themselves.

- Community mediation centers for alternative dispute resolution when both parties prefer to negotiate rather than litigate.

Next Steps

If you need legal assistance with child support in Braintree, follow these steps to protect your rights and your childs financial security:

- Gather documentation - collect pay stubs, tax returns, proof of health insurance, child care bills, and any existing court orders or agreements.

- Contact the Division of Child Support Enforcement if you need help establishing or enforcing an order, or if youre receiving public benefits and require a child support referral.

- Consider an initial consultation with an experienced family law attorney to discuss your situation, understand your options, and learn what evidence you will need to build your case.

- Explore mediation or negotiation if both parents are open to reaching an agreement outside court - this can be faster and less costly.

- If you must file, prepare to submit a petition to the appropriate Norfolk County family or probate court, and be ready for hearings on temporary and final orders.

- Keep careful records of all payments and communications with the other parent and with any agency involved. If payments stop, act promptly to request enforcement.

Child support matters often involve both legal and practical considerations. Early preparation and use of available local resources can make the process smoother and increase the likelihood of a fair outcome for you and your child.