Press Release  Trial Court Issues Amended Child Support Guidelines Effective July 31, 2023

BOSTON, MA — Trial Court Chief Justice Jeffrey A. Locke today announced the promulgation of amended child support guidelines to be effective on July 31, 2023. The amended child support guidelines shall be applied to all child support orders and judgments entered as of July 31, 2023.

The child support guidelines are used by Trial Court judges in setting orders for child support, in deciding whether to approve agreements for child support, and in deciding cases that are before the Court to modify existing orders.

The child support guidelines have been clarified to specifically “[p]rovide that incarceration may not be treated as voluntary unemployment in establishing or modifying child support orders.” 45 C.F.R. § 302.56 (c) (3). These amendments appear in the Preamble and in Section 1. E. 1.

Section 1. E. 1 now provides:

E.  Attribution of Income 

1.  Income may be attributed where a finding has been made that either parent is capable of working and is unemployed or underemployed. Incarceration may not be treated as voluntary unemployment in establishing or modifying child support orders.

These amendments to the Guidelines do not affect the Worksheet or the Findings and Determinations for Child Support and Post-Secondary Education form. 

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