Massachusetts Divorce With Children — Custody and Child Support (2026)

When minor children are involved in a Massachusetts divorce, the Separation Agreement must include detailed parenting provisions. In a 1A divorce, the judge reviews these provisions carefully and can reject an agreement that does not serve the children's best interests.

Custody — Two Types

Legal Custody

Who makes major decisions about the child's education, healthcare, religious upbringing, and other significant matters.

  • Joint legal custody: Both parents share major decision-making (most common)
  • Sole legal custody: One parent makes major decisions (less common; requires showing the other parent is unfit or unable to cooperate)

Physical Custody (Parenting Schedule)

Where the child lives and when. Massachusetts law prefers:

  • Primary physical custody: Child lives primarily with one parent; other parent has regular parenting time (schedule specified)
  • Shared physical custody: Child spends substantial time with both parents (does not have to be exactly 50/50)

Best Interest Factors

Massachusetts courts determine custody based on the best interests of the child, considering:

  1. Emotional relationship of the child with each parent
  2. Capacity of each parent to provide the child's needs
  3. Child's adjustment to home, school, and community
  4. Willingness of each parent to support the child's relationship with the other parent
  5. History of domestic abuse or substance abuse
  6. Child's own wishes (given weight based on age and maturity)
  7. Mental and physical health of all parties

Massachusetts Child Support Guidelines

Child support in Massachusetts is calculated using the Massachusetts Child Support Guidelines — updated periodically (most recently 2021). The guidelines are mandatory unless a judge makes specific written findings explaining any deviation.

Key factors in the calculation:

  • Both parents' gross weekly income
  • Number of children
  • Health insurance cost for children
  • Childcare costs for work-related care
  • Whether the paying parent has other children to support
  • Number of overnights with each parent (parenting time adjustment)

Calculate online: Use the Massachusetts Child Support Guidelines Worksheet (available at mass.gov/child-support-guidelines). The worksheet is evidence-based — complete it carefully.

Duration: Child support in Massachusetts continues until age 18, or age 21 if the child is still in high school or working toward a GED. College support (Section 34 orders) may extend to age 23 if child is enrolled in college.

Parenting Plan in the Separation Agreement

The Separation Agreement must include a detailed parenting section:

  • Primary residence designation
  • School year schedule: Which days of the week with each parent; exchange times and locations
  • Summer schedule: Detailed or agreed blocks of time
  • Holiday schedule: Each named holiday for each year (alternating or fixed)
  • Vacation: How much advance notice; how many weeks with each parent
  • Decision-making: Joint legal custody with process for tie-breaking, or sole
  • Communication: Phone and video contact with non-primary parent
  • Transportation: Who drives exchanges; pick-up and drop-off locations
  • Relocation: Advance notice requirement; consent or court approval required

1A Divorce With Children

In a 1A divorce with children, the judge pays particular attention to the parenting provisions and child support calculation. The judge will:

  • Review the child support against the Guidelines; explain any deviation
  • Review the parenting plan for adequacy and the child's interests
  • May question the parents at the hearing about the arrangement

Parent Education Program

Massachusetts encourages (and many courts require) parents involved in custody disputes to complete a court-approved parent education program ("For Kids' Sake" or equivalent). Confirm your county's specific requirements.

Last reviewed: March 2026 | Massachusetts Child Support Guidelines — mandatory | mass.gov/child-support-guidelines | Support to age 18 (21 if in high school)

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.