The “New” Child Support Guidelines – Effective September 15, 2017

The new Child Support Guidelines (CSG) go into effect on September 15th. Here, in outline form, is a summary of the primary CSG Factors.

Child Support Guidelines Factors:

Important factors considered in making an order for child support (CS) include the following:

Alimony and unallocated support

An order, if based on relevant tax consequences presented by a party, may designate money for support of a child to be alimony or unallocated support. p8 (This refers to the relevant page in the 2017 CSG.) However, gross income considered for a child support order cannot be considered for an alimony order.p9

The first $250,000.00

The CSG calculations apply to combined incomes of up to $250,000.00. The CSG calculation for the combined $250,000.00 should normally be the presumed minimum order. Support over this amount is discretionary.p9   The court may consider the excess in setting an order for the payment of extra-curricular activities, private school, summer camp, etc.p14 and for post- secondary school costs and orders in excess of the UMass minimum (See below.).

Parenting Time

The CSG calculations are based on the child(ren) having a primary residence with one parent and spending approximately 1/3 of their time with the other parent. There is a rebuttable presumption that the resulting calculation shall be the order.p9

Where parents share equally or approximately equal financial responsibility and parenting time, then a special calculation is done.p10

If the non-residential parent’s parenting time is substantially less than 1/3 of the child’s time, then the court may deviate upwards in the support order.

Child Care and Health Care Costs

In most cases, the Guidelines’ worksheet will automatically adjust for these costs.

Children 18 or over

First, 18 year olds still in high school are considered not yet 18. After leaving high school, child support is discretionary with the court.p10   It is not presumed.

In deciding whether to order child support, the court will consider all relevant factors, including those listed in the Guidelines.p11   One consideration will be whether or not the child is in a post-secondary educational program, if so, the judge will consider the costs involved (see below) and then consider the impact of an order for child support and an order for education costs.

Contribution to post high school costs

 Orders for contribution toward post high school education costs are discretionary – it is not presumed.p11  The judge will consider all relevant factors surrounding college or vocational costs and the impact of both a child support order and an education contribution order.

If an order of contribution is made, it cannot exceed, for each parent, 50% of the undergraduate, in state, costs for a UMass-Amherst student; unless the court makes findings that a parent can afford to pay more.

You can read the Guidelines yourself at The New Child Support Guidelines.

 

NEW CHILD SUPPORT GUIDELINES BRING CHANGE TO PAYING FOR COLLEGE EXPENSES

The new Child Support Guidelines (Guidelines) include a new section to deal exclusively with college or other post-secondary educational expenses.

While the Guidelines officially go into effect on September 15th, they are already being used by attorneys, mediators and others.

At the outset, the Guidelines remind litigants that the divorce judge has discretion to order or not order a parent to contribute to college costs. In other words, it is not a given that a parent will be ordered to pay for all or part of college expenses.

The real change to existing support procedures is two-fold. First, the Guidelines establish of a maximum contribution to which a parent can be subject. Second, should the court determine a parent has the ability to pay a higher amount, the court must enter written findings supporting the determination.

Specifically, the Guidelines say:

“No parent shall be ordered to pay an amount in excess of fifty percent of the undergraduate, in-state resident costs of the University of Massachusetts-Amherst, unless the Court enters written findings that a parent has the ability to pay a higher amount.”

The new limit will not apply to children already enrolled in college.

New Child Support Guidelines Pay Lower Support With More Parenting Time – No More

By:  Anthony C. Adamopoulos

The current “old” Child Support Guidelines provided a separate child support calculation where, for example, the father shared “financial responsibility and parenting time” of greater than one-third but less than fifty percent of the time.

This usually meant that if, for example, the father was with his children more than one- third of their time he was going to pay less child support than the father who is with his children about a third of the time. This adjustment is dropped under the new Guidelines announced on July 18th and formally effective on September 15, 2017.

While the formal effective date is not until September, experienced divorce attorneys, mediators and arbitrators have started using the new Guidelines.