In Massachusetts, courts generally cannot forgive or reduce back child support (often called "arrears") that accumulated before the date the other party was formally served with a request to modify the existing child support order.
Understanding Back Child Support Forgiveness in Massachusetts
Child support orders in Massachusetts are legally binding, and the amounts due are considered a debt. When a parent falls behind on their payments, these unpaid amounts become arrears. The legal stance in Massachusetts is quite strict regarding these accumulated debts:
- Arrears Prior to Service: A critical point in Massachusetts child support law is that courts typically lack the legal authority to forgive or reduce child support arrears that accrued for any period before the date the party seeking a change formally served the other parent with a complaint for modification. This means that if circumstances change (e.g., job loss, disability, or a significant change in income), any child support obligation that continues to accrue before a modification request is formally filed and served on the other parent will likely remain fully due and cannot be retroactively forgiven or reduced by the court.
- Prospective Modification Only: Child support modifications are generally prospective, meaning they typically take effect from the date the modification request is served. They are not usually retroactive to a date prior to the service of the complaint. This emphasizes the importance of acting promptly when circumstances warrant a change in the support order.
Key Considerations for Child Support Modifications
While prior arrears are largely unchangeable, future support obligations can be modified under certain conditions.
- Substantial Change in Circumstances: To modify a child support order in Massachusetts, a party must demonstrate a "material and substantial change in circumstances" since the date the last order was entered. Examples include:
- A significant change in income for either parent (increase or decrease).
- A change in the child's needs.
- A change in the parenting schedule that impacts shared expenses.
- Prompt Action is Crucial: If you believe your child support obligation should be lowered or increased due to a change in circumstances, it is vital to file and serve a modification request as soon as possible. Delaying this action means that any child support that accrues before the other party is served with the modification complaint will likely remain fully due and cannot be retroactively forgiven or reduced by the court.
In summary, while a court may modify future child support obligations based on changed circumstances, it has very limited, if any, ability to forgive or reduce existing back child support that accumulated before a formal modification request was served. This policy aims to ensure that children receive consistent financial support as ordered by the court.
