Are Unemployed Parents Required To Pay Child Support?

Following a divorce, Massachusetts law requires both parents to provide financial support for their child. However, not every parent has a steady source of income. Unemployed parents, whether intentionally or unintentionally, may struggle to make child support payments. Are unemployed parents off the hook from paying for childcare in Massachusetts? Here is what you need to know if you or your ex is unemployed and ordered to pay child support.

About Child Support 

Child support is a legal obligation designed to ensure that children receive adequate financial support from both parents, regardless of the parents’ marital status. Children are entitled to financial support from both parents, regardless of whether the parents are married, divorced, separated, or have never been married. Child support helps cover a child’s basic needs, including housing, medical care, childcare, education, food, and clothing. In Massachusetts, child support obligations do not automatically stop when a parent becomes unemployed. A child’s right to receive support is independent of the paying parent’s employment status.

How Child Support is Calculated in Massachusetts

In Massachusetts, child support is calculated using the 2021 Massachusetts Child Support Guidelines, which assess both parents’ incomes to determine the appropriate amount and identify which parent will be responsible for making payments. The calculation is influenced by several key factors, including each parent’s total gross weekly income, the number of children involved, and expenses that contribute to the children’s health and well-being. These expenses may include the cost of health, dental, and vision insurance, as well as childcare costs required for a parent to maintain employment

To calculate weekly income, the annual income is divided by 52. Courts are required to follow these guidelines unless there are compelling circumstances that justify a deviation. If the calculated child support payment equals or exceeds 40% of the payor’s available income, the payor may request a deviation from the standard amount.

The minimum child support ordered is $12 per week, even for parents with very low or no income. 

Unintentional vs. Intentional Unemployment 

Parents can become unemployed either unintentionally or intentionally. Unintentional unemployment occurs when a parent loses their job because of circumstances beyond their control, such as company layoffs, business closures, or health-related issues that prevent them from working. In these cases, the unemployment is not the result of a parent trying to avoid their financial responsibilities, but rather a consequence of events that could happen to anyone. 

Intentional unemployment involves situations where a parent purposely chooses not to work or earn income in order to reduce or avoid their child support obligations. This can include quitting a stable job without a valid reason, refusing to accept suitable employment opportunities, or deliberately working fewer hours than they are capable of. 

In terms of providing child support, both parents who are intentionally and unintentionally unemployed must provide child support because, again, the child has a right to be financially taken care of. However, unintentionally unemployed parents are often able to receive some relief from the court in terms of payment if they fall on difficult economic times. 

Unemployed Parents Can Obtain a Child Support Modification

The court recognizes that unemployed parents, particularly those who are temporarily unemployed, can genuinely intend to meet their child support obligations but struggle to do so. There is a mechanism for unemployed parents to request a change in their child support amount. To do so, they can file a Complaint to Modify a Child Support Order. This legal filing provides the court with updated information about the parent’s current income and financial circumstances. 

In some cases, the parent seeking the modification may first approach the other parent to request a voluntary agreement to the proposed change. If both parties consent to the modification, they may file a joint petition along with the necessary supporting documentation. The court may approve this petition administratively, often without requiring either party to appear in court. If not, the parent who is seeking a modification must file a Complaint for Modification, either independently or through the Department of Revenue’s Child Support Enforcement Division.

Child support modifications may be requested at three-year intervals, or earlier if there is a substantial change in circumstances that impacts a party’s ability to meet their support obligations. Such changes may include, but are not limited to, loss of employment, injury, or other significant life events. To initiate a modification, the requesting party must provide sufficient evidence demonstrating the nature and extent of the change in circumstances. Based on this new information, an unemployed parent can request that the court recalculate the child support obligation to better reflect their ability to pay.

Consequences of Nonpayment

Parents who do not make their child support payments and do not receive a modification can face serious consequences. The Department of Revenue is responsible for monitoring child support payments and imposing penalties or interest when payments are missed. If a parent fails to comply with a court-ordered child support obligation, the other parent can file a complaint for contempt with the court. Courts can enforce the order and require the non-compliant parent to meet their child support responsibilities. In addition, the Massachusetts Department of Revenue’s Office of Child Support Enforcement can assist in recovering overdue payments by using enforcement tools such as: 

• Wage garnishment
• Tax refund interception
• Suspension of driver’s or professional licenses
• Accrual of interest and penalties
• Court contempt proceedings 

A parent can even be incarcerated in certain instances if they do not pay child support. 

In the event of child support arrears, a family law attorney can help arrange a payment plan for any child support arrears or negotiate a lump-sum settlement for a reduced amount. 

Contact an Experienced Child Support Attorney

Children are entitled to the financial support of their parents. Whether seeking enforcement of payment or struggling to make payments, an experienced child support attorney can provide support, explain the legal process, and ensure that the child receives the support they deserve. Contact us today to schedule a case evaluation and get the legal guidance you need.