In Massachusetts, child support is often paid by the non-custodial parent – typically the one who spends the least amount of time with the child. This way, divorced parents can raise their children with the same level of financial support as parents who still live together. Even if a non-custodial parent is jailed for whatever reason, they must continue to pay child support.
What if the imprisoned parent has no income?
An imprisoned parent must continue to pay child support regardless of their income, though the court can modify what a parent owes. This often depends on how many assets and how much income the parent has.
Unless the imprisoned parent can prove they cannot pay child support, they must continue to provide for the child. More often than not, the non-custodial parent will need to sell investment assets such as stocks or bonds, as well as property, including houses and vehicles.
Which factors affect the calculation of child support?
Imprisoned parents can file formal requests to adjust how much money they need to provide for child support. The judge then approves or denies the request. The court considers the following factors when calculating child support:
- The income of the impacted parent
- How much time the parent spent with the child before imprisonment
- Child care costs
- Health insurance
Other factors directly related to a parent’s ability to earn money are also considered by the court. These typically include disabilities as well as whether or not they are retired.
Getting legal advice for child support
Parents might struggle to make sense of family law without the guidance of a legal professional. With the help of an attorney, parents can navigate complex laws and gain a better understanding of their rights.