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Massachusetts Child Custody and Support Guidelines

By Cathy Meyer, About.com

Massachusetts Child Custody and Support Guidelines:

Custody may be awarded to either parent, and there shall be no presumption either in favor of or against shared legal or physical custody. When considering the happiness and welfare of the child, the court shall consider whether or not the child’s present or past living conditions adversely affect his physical, mental, moral or emotional health.

If the parents mutually reach an agreement providing for the custody of the children, the court may enter an order in accordance with such agreement, unless specific findings are made by the court indicating that such an order would not be in the best interests of the children. [Based on the General Laws of Massachusetts Chapter 208-31]

Child Support:

In determining the amount of the child support obligation, the court shall apply the child support guidelines, with the rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered. The court may deviate from the guidelines if the amount ordered would be unjust or inappropriate under the circumstances. Such a deviation must include the specific facts of the case which justify departure from the guidelines; and that such departure is consistent with the best interests of the child.

Support may continue for a child who has attained age eighteen but who has not attained age twenty-one and who is domiciled in the home of a parent, and is principally dependent upon said parent for maintenance. The court may make appropriate orders of maintenance, support and education for any child who has attained age twenty-one but who has not attained age twenty-three, if such child is domiciled in the home of a parent, and is principally dependent upon said parent for maintenance due to the enrollment of such child in an educational program, excluding educational costs beyond an undergraduate degree. [Based on the General Laws of Massachusetts Chapter 208-28]

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