Can You Get Retroactive Modification of a Support Order?

                A question that is often asked of our Law Office is whether a party can seek a credit for child support he or she had been ordered to pay, but for a time period during which they had assumed primary custody and financial support of the child or children for whom the support order was established.  The general rule is found in Massachusetts General Laws, chapter 119A, section 13(a), which states that a retroactive child support modification of this kind cannot be granted by a Judge, except for any period during which there is a pending complaint for modification. In other words, if one assumes custody and financial responsibility of a child, it is his or her burden to file a Complaint for Modification and request a change to the child support order. Otherwise, a court cannot grant a retroactive credit for any support paid prior to the date of filing of the Complaint. 

              On November 22, 2016, the Appeals Court held that there is a very specific and limited exception to this rule. In Rosen v. Rosen, the Court held that a judge can grant and apply a credit to offset a child support arrearage (amount owed) during a period of time when there was no pending complaint for modification if the following circumstances are met:

“[T]he support payor must demonstrate that (1) the support recipient agreed (a) to transfer custody of the child to the payor for an extended period of time not contemplated in the original custody order, and (b) to accept the payor’s direct support of the child as an alternative method of satisfying the payor’s child support obligation; (2) the custody transfer was not the result of duress, coercion, or undue influence exerted by the payor against either the recipient or the child; (3) the payor provided the child with adequate support and maintenance while the child was principally domiciled in the payor’s home; (4) the recipient was relieved of supporting the child during the period in question; (5) the alternative support arrangement was not contrary to the child’s best interests; and (6) granting a credit to the payor for his or her direct support of the child would not result in injustice or undue hardship to the recipient.”

                While it is always best to seek relief directly from the Court via a Complaint for Modification if there are any changes to the custody or support agreement, the holding in Rosen v. Rosen provides much needed relief for those parents who assume responsibility for their child during extraordinary circumstances. It also encourages parties to put the best interests of their children first, without fear that they will be found in contempt for failure to continue paying child support to a parent who has voluntarily transferred custody of a child.

              If you have questions regarding your custody or support order, contact our Law Office today to schedule a consultation. 

(c)2016 by Law Office of Leila J. Wons, P.C. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."

Should I Ask the Department of Revenue for Help with my Child Support Matter?

Often, parents need help in establishing or enforcing a child support order, which may include establishing paternity. When this is the only assistance that they need, it may be beneficial to contact the Massachusetts Department of Revenue, who have Attorneys available to assist parents with these matters. As noted on their website, DOR can:

• Determine what services are available and best suited to establish paternity and establish, enforce and modify a support order.
• Collect support payments.
• Send child support to every parent or guardian that has a child support order.
• Obtain or enforce an order for medical insurance coverage.
• Upon request of either parent, review support orders for consistency with child support guidelines and determine if it might be appropriate to ask the court to modify the amount of the child support order and assist in processing requests for modification of the order.
• Select and implement appropriate enforcement remedies, such as bank levies, tax refund intercepts and credit reporting, to collect overdue support if the case meets our criteria for the enforcement action.
• Locate the other parent in order to establish paternity or enforce/modify a child support order.
• Establish paternity if a child was born out of wedlock.
• Arrange for paternity testing for both parents and the child.

In addition to the above, DOR has a program called the Payment Intercept Program (PIP), which identifies pending insurance claim payments owed to parents who have child support debts and intercepts them. As such, it sends the money to the parent who is owed support, and decreases the chances of that family needing public assistance.


To obtain DOR services, complete their application here: DOR Application. You can also find more information on DOR and their programs at this link: Massachusetts Department of Revenue Child Support Enforcement.


REMEMBER: DOR cannot help you with issues relating to parenting time and custody, and they do not represent the parent who is being asked to pay child support. If you can, it's best to retain an experienced Family Law Attorney to assist you in those matters.

(c)2015 by Law Office of Leila J. Wons The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."