Free Massachusetts Child Support FAQs | Free Massachusetts Child Support Legal Documents

When May Maintenance And Support Be Awarded By A Court?

Tue, 29 May 2007 21:19:00 GMT

A court may award any of the above, to either spouse as and when they are specifically claimed, in circumstances noted below, in an action or application for:

divorce;
declaration of nullity of the marriage;
property division under The Marital Property Act, or
support and/or maintenance under The Family Maintenance Act;

Maintenance refers to money payable or property transferable by one spouse to the other, which may be payable either to the plaintiff or the defendant after a divorce or declaration of nullity.

The court may direct one spouse to pay to the other spousal support or interim spousal support for such period of time and on such terms as the court thinks reasonable, taking into account:

the financial needs of each spouse;
the financial means, earnings and earning capacity of each spouse;
the standard of living of the spouses;
any obligation of a spouse for the support and maintenance of a child or a person other than the other spouse;
any housekeeping, child care or domestic service performed by a spouse for the family;
the amount of any property settlement made between the spouses;
where one spouse is financially dependent on the other spouse, the measures available for the dependent spouse to become financially independent of the other spouse and the length of time and cost involved in taking those measures;
any impairment of the income earning capacity and financial status of either spouse resulting from the marriage;
length of time that the marriage has subsisted;

Child support and interim child support may also be ordered to be paid by one spouse to the other.

How Does A Parent Having Custody Obtain Child Support From The Other Parent?

Tue, 29 May 2007 21:19:00 GMT

Child support payments can be reached by agreement between the parents or by application to court and obtaining a court order.

Can An Order For Maintenance Or Support Be Changed Or Varied?

Tue, 29 May 2007 21:19:00 GMT

A court may vary an order or an interim order for maintenance or support in the following situations:

there has been a significant change in the condition, means, needs or other circumstances of either spouse, or,
evidence of a substantial nature that was not available at a previous hearing has become available.

How Are Alimony, Maintenance Or Child Or Spousal Support Payments Enforced?

Tue, 29 May 2007 21:19:00 GMT

Unless the person entitled to receive payments under The Family Maintenance Act or The Child and Family Services (the creditor) files a statement in satisfactory form with the "designated officer" (appointed by the Minister Justice to enforce payment under these Acts) that payments are not to be made through the designated officer, amounts payable pursuant to any order made under these Acts shall be paid to the designated officer who shall keep records of payments received and make payment out to the designated payee.

How May A Defaulting Payer Be Dealt With?

Tue, 29 May 2007 21:19:00 GMT

When a payer is in default, the designated officer may take such steps as may be deemed necessary or appropriate to enforce payment, including:

issuing a summons to provide such financial information and documentation as the designated officer requires;
requiring the defaulting payer to appear before a judge or before a master (judicial officer) of the Court of Queen's Bench to explain the default.

In any instance of default, it is presumed to be wilful default and the onus shall be upon the defaulting payer to satisfy the court that the default was not wilful.

At the end of such default hearing, the judge or master may order some or any of the following:

a fine of up to $1,000.00 or imprisonment for not more than 90 days, or both;
requiring that arrears be paid in full by a specified date;
requiring the periodic payments of the arrears until paid;
requiring the deposit of a certain amount with the court as security against possible defaults of payment in future.

In addition, the designated officer may:

register a maintenance order in any land title office, which will affect any land registered to the debtor in that land title office;
take proceedings to obtain a garnishment order requiring an employer or a government corporation (with respect to wages, salary or other remuneration, including pension or other authorized benefits) to deduct and remit to the Director or the creditor amounts for maintenance and/or arrears from future wages of the debtor as they become payable;
take proceedings to obtain a writ of execution enabling a sheriff to seize and sell property of the payer;
take proceedings to realize on any bond or security deposited by the payer;
take proceedings for the appointment of a receiver to take over the property of the payer;
take proceedings to bring the defaulting payer before a deputy registrar of the court for examination regarding the default;
provide a personal reporting (credit) agency with a computer printout showing that the payer is in default.

Can The Amount Of Support Payments Be Changed?

Tue, 29 May 2007 21:19:00 GMT

Either party to a support payment agreement or a courtordered support application can apply to the court at any time to vary the amount of support payable to increase or decrease it.

Some factors considered in increasing support payments might be:

discovery of significant previously undisclosed assets of the payor not known when the existing amount of support payments was determined and which would indicate the ability of the payor to pay a greater amount of support;
a significant increase in the income of the payor which would entitle the payee to a larger amount of child support pursuant to the Child Support Guidelines;
a significant decrease in the income or assets of the payee.
Some factors considered in decreasing support payments might be:
- discovery of significant previously undisclosed assets of the payee, not known when the amount of support payments was determined which would indicate the need of the payee to a lesser amount of support;
- a significant increase in the income or assets of the payee;
- a significant decrease in the income or assets of the payor and a resultant inability to pay the amount determined.
Any person applying to the court must submit and obtain sufficient corroborating documentary evidence in proper form. You may the assistance of a qualified family law practitioner.