Modifying Child Support After Job Loss, Disability or Incarceration in Massachusetts

By the FigureMyTax Editorial Team · How we calculate

Massachusetts child support does not drop on its own after a job loss or incarceration. File a complaint and give notice promptly, because a change starts only from notice; incarceration may not be treated as voluntary unemployment.

Can you lower child support after a job loss in Massachusetts?

Yes, by complaint for modification. If your income dropped, the weekly guidelines amount drops, which is an inconsistency with your order (G.L. c. 208, s. 28), or you can rely on a material and substantial change (Guidelines Section III.A). A change reaches back only to the date the other parent receives notice (c. 119A, s. 13(a)), so give notice as soon as the job ends.

Will Massachusetts attribute income if you lose or leave a job?

It may. Income may be attributed where the court finds a parent is capable of working and is unemployed or underemployed, and if a parent is earning less than they could through reasonable effort the court should consider potential earning capacity. It considers the children’s needs and the parent’s assets, residence, education, training, job skills, literacy, criminal record and other employment barriers, age, health, work and earnings history, record of seeking work, and the availability of employment at that level (2025 Guidelines Section I.E).

Can Massachusetts child support be lowered while incarcerated?

The guidelines say incarceration may not be treated as voluntary unemployment in establishing or modifying child support orders (Section I.E.1; 45 CFR 302.56(c)(3)). Where there is no income or assets from which to pay, the Appeals Court has held a court may not attribute income based on prior earning capacity even if the payor is incarcerated (P.F. v. Department of Revenue, 2016). The order does not change on its own: file a complaint and give notice.

What if you have assets?

Income may be attributed where the payor owns substantial assets, per the same case law cited in the guidelines commentary. Bring a clear statement of your assets and what is actually available to pay.

What counts as income when you lose a job?

Unemployment compensation, severance pay, workers’ compensation, insurance benefits and many other sources count as income under the guidelines (Section I.A), while income from means-tested public assistance such as TAFDC, SNAP and SSI does not. Bring award letters.

Does severance count as income?

Yes. Severance pay is listed among the sources of income in the guidelines (Section I.A), so it can keep the guideline amount high for a while after a layoff. Bring the severance agreement and the payment dates.

Is unemployment a reason for the other parent to ask for more?

Either parent can file. If your income rises later the other parent can file for an increase on the same inconsistency standard, from the date of notice.

What proof helps?

What should you do first?

1. File the complaint and give notice now.
2. Keep paying what you can: each missed installment is a judgment (see how long Massachusetts arrears last).
3. Check your numbers in the Massachusetts child support modification calculator.

Frequently asked questions

Official sources

• G.L. c. 208, s. 28: support of minor children; modification
• G.L. c. 119A, s. 13: each installment a judgment; retroactive modification
• 2025 Child Support Guidelines, Section III: Modification
• 2025 Child Support Guidelines, Section I: Income, including attribution
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due
• 45 CFR 302.56: federal guideline requirements

This is general information, not legal advice. It is based on the cited Massachusetts statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Massachusetts attorney.