Can a Father Get Child Support in Massachusetts?
Are you a father in Essex County or elsewhere in the Commonwealth who is considering seeking child support from your ex-wife or former partner? You absolutely have the right to do so under Massachusetts law. While men are more likely to pay child support, they have the equal right to claim it. The Commonwealth’s child support laws are gender neutral. Within this article, our Massachusetts child support attorney explains the key things that fathers need to know.
Child Support Laws in Massachusetts are Gender Neutral
Under Massachusetts law, the duty of child support applies to both parents, without any regard to gender. That means that a father has full standing to seek a child support order where he has physical custody, shared custody with a support differential, or primary responsibility for day-to-day expenses. There is no presumption that favors the mother.
Notably, that is true of all U.S. states. The 1979 Supreme Court of the United States decision in the case of Orr v. Orr set the precedent that state family laws that inherently favor one gender/sex (man or woman) are unconstitutional. That case struck down an Alabama law that prevented men from pursuing spousal support.
Understanding the Application of the Massachusetts Child Support Guidelines
In the Commonwealth, judges calculate support using the Massachusetts Child Support Guidelines. The formula considers each parent’s gross income, applies permitted deductions, and allocates a base support amount tied to combined income. The court then adjusts the obligation based on the parenting schedule. In a primary custody arrangement, the non-custodial parent pays the guideline amount. In a shared custody arrangement, the court calculates two amounts and orders the difference. The guidelines also address health insurance premiums, child care costs, and certain extracurricular expenses.
Key Point: A father in Massachusetts seeking to obtain child support should be prepared to present a strong, well-supported case that support is warranted under the guidelines.
What to Know About Child Support Orders and Enforcement
A child support order becomes enforceable upon entry and typically includes an income withholding component. The Department of Revenue Child Support Enforcement Division can collect, track, and enforce payments. Remedies include wage garnishment, tax refund intercepts, license suspension, and contempt proceedings for willful nonpayment. Massachusetts law also permits modification upon a material and substantial change in circumstances or when a recalculation under the guidelines produces a meaningful difference. Changes in custody, income shifts, or new expenses can lead to a review. If you are a father seeking child support, a top-rated Massachusetts attorney can help.
Contact Our Massachusetts Child Support Lawyer for a Confidential Consultation
At Reade Law Firm, PC, our Massachusetts child support attorney has the experience that parents can trust. If you are a father who needs help getting child support, please do not hesitate to contact us today for a completely confidential, no obligation consultation. With an office in Peabody, we handle child support cases in Essex County, Middlesex County, and throughout the region.
Source:
oyez.org/cases/1978/77-1119