Does a Spouse's Income Get Included in Custody & Child Support Cases in Massachusetts?
When spouses separate, they often need to negotiate the custody of their children. A parent may worry that income, whether high or low, can influence the court to make certain decisions in its custody order. While Massachusetts law requires income information from both parents when determining child support obligations, the court separates the question of custody and visitation from its calculation of child support. Parents should research both types of legal proceedings in the Massachusetts Probate and Family Court.
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Legal Standard for Child Custody
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When parents disagree about the custody and visitation arrangement for their children, they may need to ask for a court order from the Massachusetts Probate and Family Court. While child support can become a related issue in a divorce or custody complaint, the court decides custody and support separately. When considering a child custody case, Massachusetts law requires the court to consider many factors and apply the "best interests of the child" legal standard. The court considers how each parent may affect the child's physical, mental and emotional well-being. The court cannot automatically award custody to the parent with more or less income. Instead, the court must consider the overall circumstances related to the child's best interests. Representation by a custody lawyer may help to explain or assert each parent's rights in Massachusetts.
Custody and Visitation Rights
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Massachusetts law does not permit the courts to make custody and visitation decisions based on either spouse's payment of child support. According to the Massachusetts Law Reform Institute, failure to pay child support can't automatically limit or end a parent's visitation rights. Similarly, payment of child support does not guarantee a right to time with a child. Rather than use financial issues to determine visitation rights, the court must only consider whether visitation serves the best interests of the child.
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Calculation of Child Support
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The Massachusetts Probate and Family Court follows the state's child support guidelines when issuing an order for child support. The guidelines require the judge to review each parent's income. In addition to income, the guidelines consider payment of child-related expenses such as childcare, vision and dental care, health insurance and child support for children from other relationships. The court subtracts the cost of child-related expenses from the parent's income to determine the amount of "available income" that may be used for calculation of child support. After the court knows each parent's available income, the court uses the guidelines to calculate child support depending on the number of children shared between the two spouses.
Worksheet Information
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Probate and Family Court judges review a "Child Support Guidelines Worksheet" that is submitted by the party seeking child support when calculating the required amount for support payments. The worksheet requires income information from the recipient of child support, as well as the one paying child support. The worksheet does not include space to include information regarding the income of any other household members. If an ex-spouse refuses to provide income information for the worksheet, the parent seeking child support may need to contact the Massachusetts Department of Revenue for help. The department can assist with obtaining financial information from the other parent or take other legal action to facilitate payment of child support.
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