Divorced and separated parents have an obligation to provide financial support for their children. In Massachusetts, child support obligations fall under Massachusetts General Law and the Code of Massachusetts Regulations. Non-custodial parents must comply with court orders related to the financial support of their children, or they risk financial penalties or incarceration.
Massachusetts General Law c. 208 s. 28
MGL c. 208 s. 208 governs many of the child support obligations for parents in Massachusetts. After a divorce or separation, a judge makes orders related to the care of the minor children. These orders determine which parent the children will live with, or if the child will live with a third party, such as a grandparent or sibling older than the age of 18. This law specifically states that a parent who commits first-degree murder against the other parent of the child has no visitation rights. When the child reaches the age of majority, she can petition the court to allow contact with the parent.
A judge also determines the amount of financial support the non-custodial parent will pay for the care of each child. Judges use the Massachusetts child support guidelines to determine the proper amount of financial support in each case. The non-custodial parent has the opportunity to file for a modification of this amount at any time.
830 CMR 18.18A.1
830 CMR 18.18A.1 makes it possible for the Child Support Enforcement Division to provide information about public assistance recipients to the Department of Transitional Assistance, according to the Massachusetts Department of Revenue. This information helps the Department of Revenue determine if public assistance applicants and recipients have made a good faith effort to comply with their child support orders. Under this regulation, non-custodial parents must provide their full names and at least two of the following pieces of information: dates of birth, telephone numbers, addresses, the names of their parents, the makes and registration numbers of their vehicles or the names, and addresses of their employers.
830 CMR 119A 6.1
830 CMR 119A 6.1 authorizes the Department of Revenue Child Support Enforcement Division to add interest and penalties to any past-due child support payments owed by non-custodial parents. Under this regulation, the Department of Revenue has the authority to charge a monthly rate of 1 percent interest on any past-due payments. This regulation also allows the Department of Revenue to charge a penalty of 0.5 percent on all past-due child support amounts. 830 CMR 119A 6.1 requires the Department of Revenue to notify debtors of the interest and penalties added to past-due child support at least once per year.
