The judge is the one who makes the final determination on what he or she believes is in your child’s best interests regarding custody and support during your divorce in Massachusetts. While a number of different factors affect how your child’s life is divided between you and the other parent, child support is often much more clear-cut. Paying child support on a tight budget may not be so straightforward, though. We at Kajko, Weisman and Colasanti, LLP, often provide legal advice to parents who have fallen behind in their child support payments.

Working on commission, having an irregular number of hours or simply losing a job are all potentially devastating to your ability to keep up with the child support payments that were set in the final divorce decree. Any time there is a major change to your financial stability, you may be able to request a modification that allows you to pay what you can afford without hardship. However, even if you address the issue right away, your former spouse may decide to take the matter into his or her own hands. You should know that according to MassLegalHelp.org, your visitation rights with your child do not change based on whether you are current with your payments.

Child support and custody laws are based on the assumption that it is best for your child to have a relationship with you. Taking away your right to see your child could damage that bond, as well as destroying the consistency of visitation that children need. More information about modifications is available on our web page.