Powerball winner owes thousands in child support payments

May 03, 2013

Powerball winner owes thousands in child support payments

Article provided by O'Connor and Ryan, P.C.
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A resident of New Jersey recently struck gold, winning $338 million in the Powerball lottery. Before lottery winnings are provided, officials often run a check on the winner for outstanding debts. In this case, the winner had a warrant out for delinquent child support payments.

Pedro Quezada, a 44 year-old father of five children ranging in ages from 5 to 23, had a warrant issued in New Jersey for owing almost $30,000 in child support payments. Generally, lottery officials take the money from the winnings to pay off these debts before providing the winner with his jackpot.

Mr. Quezada is challenging the alleged child support payments and has hired a lawyer to review the situation.

Child support laws in Massachusetts

Those delinquent on child support payments could meet a similar fate in Massachusetts. Under state law, children have a legal right to financial support from their parents. This applies regardless to the parent's marital status. As a result, children can receive support whether their parents were never married or are currently separated.

Under Massachusetts law, the court has the power to make determinations for a minor child's custody, care and support based on the child's best interest. When making these determinations, the court aims to encourage joint parental responsibility while meeting the child's basic needs. There is also an attempt to recognize the non-monetary contributions made through involvement in a child's life.

When the court is determining the amount of child support that is appropriate for each situation, it reviews various factors outlined within the child support guidelines. The guidelines call the courts to consider child care costs such as daycare along with general well-being including the costs of health, dental and vision insurance.

The determination involves a complicated formula which begins by reviewing income. Income is calculated by taking the gross weekly income including all salaries, commissions, royalties, pensions and other benefits. This number is then reduced by the amount a parent may already spend on child care costs. An example would include covering the cost of health insurance coverage. The calculation can also be adjusted for the number of children supported.

Once a determination is made, it can be legally enforced. In some cases, modifications are allowed. Circumstances resulting in review include changes in health insurance availability and any material change in circumstances. This could include a change in income or eligibility for government benefits.

Navigating the various issues associated with child support determinations in Massachusetts can be difficult. As a result, contacting an experienced Massachusetts child support lawyer can help to better ensure you receive a fair child support payment from the beginning.