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Massachusetts Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Modification of child custody and child support

Can I modify child custody and support if I went from 5 overnights to 7 overnights plus taking them till 7 at night 4 other nights? And have my kids all day on Sunday while my ex is at work. Yea he only days. Don’t see them are tuesdays and every other Saturday, other then that they are with m... Read more »

Brian Waller
Brian Waller
answered on May 17, 2022

It sounds like you have a good argument for modification. If you think your ex will retaliate, just be sure you really want to kick the hornet's nest. If your kids are doing well with the current arrangement, it may be worth it to suck it up even though you feel she is taking advantage of you.... Read more »

1 Answer | Asked in Child Support for Massachusetts on
Q: I want to file for child support. Do I need a lawyer for that??

Husband left to PR and hasn't given any support to our son, since he left in 2020.

We are living w/some family and can use the help. How long does it take to file for child support? Thank you

Brian Waller
Brian Waller
answered on May 7, 2022

You would either need to file for divorce or file a Complaint for Separate Support if you do not want to file for divorce.

With either of those, you can file a motion for temporary orders, which would include child support and anything else you would want a judge to address on a temporary...
Read more »

1 Answer | Asked in Child Support and Divorce for Massachusetts on
Q: If I have property in Puerto Rico, will it be part of division in divorce filing, if you have jurisdiction in PR?

I live w/ my son in MA and my husband lives in PR, in our property. Can I get a divorce in MA, which doesn't include the property in Puerto Rico. How long can the divorce process take?

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 4, 2022

Has husband lived in Massachusetts at all? If he never had any contacts with Massachusetts it would probably be better to contact a domestic relations practitioner there.

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Can I file for child support for my 18 year old high school student with severe mental illness

My daughter has lived with me full time for 4 years. My ex had sole custody of her legally. He hardly gave me any financial support. Since she has turned 18 he refused to help with her. She is still in high school and has a severe mental illness. I have tried taking him to court about a year ago... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 25, 2022

So the child has not graduated from high school and may have special needs also. There should be child support in accordance with the child support guidelines and you may need to once the child has completed high school seek contribution for the child's continued care via equity petition... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: have full custody of 2 of my children, they have been staying with their father for last 60 day, does he pay me still

have full custody of 2 of my children, they have been staying with their father for last 60 day, does he pay me still

Per judge on 3/18 and DCF I still have 100% custody nothing ever changed

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 20, 2022

Until the order or Judgment is modified by the Court it is still in effect.

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: Is my ex husband responsible for child support from the time of the order or from the time DOR gets involved?

We got an order back in January. I had no idea that I had to apply for services through the DOR, I thought they just kind of did their thing. Now I finally have the DOR involved, but they said they’re only responsible from now on. Does he still owe from the 14 weeks since the order was made? Or... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 19, 2022

Yes, he owes the 14 weeks during which he neither paid MDOR nor you. You may use the MDOR to proceed with a Contempt to enforce the back child support order/calculate the arrears. You will need to complete their application for same.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: Can a woman put the last name of a man she is not married to on her child's birth certificate if she is still married?

My male relative (D) is having a child with a woman (S) who is separated from her husband (K) but still legally married. Can D legally put his last name on the child's birth certificate even though S and K have not finalized their divorce?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 3, 2022

The presumption is that the child is born of the marriage, but the parties can agree that the child is not of the parties along with the biological father. The prospect of paying for a child not his own is usually an inducement to cooperation by husband, but what is bio father's willingness...

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: Can wife’s ex-husband just stop paying child support and decide what he’s going to pay? In MA

He said he’s going to stop paying for 21 year old who is going in to her 5th year of full time college. She still resides with us and we pay a 99% of her expenses. He said he’s going to cut child support in half because the have two children. He said he went to lawyer and because he has two new... Read more »

Brian Waller
Brian Waller
answered on Mar 2, 2022

The ex-husband can't unilaterally make changes to child support, no matter the reason. It can only be done via a court order. That court order could be the result of a written agreement by the parties to make changes or from a judge after a hearing, but the ex would be in contempt if he just... Read more »

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: Can an unmarried mother of two children request retroactive child support when initially filing for child support?

Seeking retroactive child support back to the date the kids and I moved out. (4-5 years ago). We were never married and he is the father- on the birth certificate of both children.

This is a new child support request. We previously had a verbal agreement for weekly payments that he has not... Read more »

Brian Waller
Brian Waller
answered on Jan 11, 2022

Usually, a retroactive order can only go back as far as the date the opposing party was served with the complaint for child support. If there has never been an order previously, you may have the ability to argue for retroactive support back to the child's date of birth, but it would depend if... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Do I have to provide information to my child’s father if he hasn’t been in their life for over 6years?

My child’s father has not been in their life for over 6years. During that time I have had them full time with no help from him in any way. He does not pay any child support. He does call about once a month. Recently he has been asking for their information everything from school/medical records... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 31, 2021

There sounds like a lack of relationship over a lengthy period of time and the Court is sensitive to the effect of father's suddenly attempting to regain contact where there had been no regularity. Asking for contact information about other people is indeed odd and really not your information... Read more »

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1 Answer | Asked in Child Support for Massachusetts on
Q: Ex stopped paying child support because he had one and I had one. His is 19 and out of his house. Mine is 17.

We had five. When third turned 18 he stopped support because he had one and I had one. Now I am only one with dependent child. Can I get support?

Kim Carnevale
Kim Carnevale
answered on Sep 24, 2021

Massachusetts child support laws allow for child support and educational expenses payments even after your child turns 18 and up to 23 years of age. The court looks at whether your child is “principally dependent” upon one parent which is usually understood to mean that the adult child lives... Read more »

1 Answer | Asked in Child Support for Massachusetts on
Q: Can my child support be modified if my income hasn’t changed?

My child support was modified to increase and I never received a court hearing notice nor has my income changed.

Brian Waller
Brian Waller
answered on Sep 3, 2021

You should first contact the Department of Revenue Child Support Enforcement Division and have them review your account. Sometimes if there is an arrears balance the amount changes. If you have no arrears, it is possible that the timing of the payments got off track somewhere and they needed to... Read more »

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Probate for Massachusetts on
Q: What do I do if I’m paying child support and being denied visitation rights to my daughter
Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 3, 2021

If you have a visitation order or a Judgment that states the terms of visitation and are being denied visitation , then there appear to be grounds for a Contempt action unless there is something happening which is inimical to the child's best interests in which case the custodial parent... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: am I entitled to half our house if bought 5 months before wedding?

We have been a couple for 20 years, married 14 years. We lived together for 5 years prior to buying a house 5 months before our wedding. The house was initially in his name because he had better credit at the time. We refinanced recently and I am secondary on the mortgage. Am I entitled to half?

Anthony C. Adamopoulos
Anthony C. Adamopoulos
answered on Aug 26, 2021

Maybe, it depends on all of the factors surrounding your divorce and living together prior to marriage. The Judge must consider about 15 factors then decide what an equitable division of all the assets would be.

You want to consult with an experience divorce attorney who will review the...
Read more »

1 Answer | Asked in Child Support and Divorce for Massachusetts on
Q: How to prevent college support when not in current order where no relationship exists? (Parental Alienation)

Massachusetts. Children. No Physical custody, No relationship exists. Joint Legal custody. Mother has alienated and isolated father from children's lives. Children are reaching age of college. Father is not in a financial position to support college and also does not desire to support college... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 20, 2021

The Court will be aware of he Contempt filings and you should pursue them if you have not obtained Summonses with hearing dates , make contact with the Court. The Court would determine child support and college contributions of the parties and can consider the overall circumstances. However, be... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: The father of my child doesn't pay child support and he is also not on the birth certificate.

He has never met his child and we have had zero contact. I am just curious as to what some of my options might be going forward.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 21, 2021

You can commence a Paternity action and seek support orders; both parties have the duty to support their child and if there are public benefits involved, the government has the ability to go forward to seek paternity adjudication regardless of whether you are interested in pursuing the matter.

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: Family/Divorce: Hi, I am finalizing divorce in Canada but we are both Americans. Can my ex file for divorce in US?

How to protect my parenting rights agreed on if in different jurisdiction?

We are relocating to US, different states!

Thanks

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 4, 2021

If the children were not living in Massachusetts for the last 6 months or more, Massachusetts would not have jurisdiction of the children unless the parties agree or agreed that Massachusetts would have jurisdiction .

1 Answer | Asked in Estate Planning, Family Law, Child Custody and Child Support for Massachusetts on
Q: If divorced parents were approved to withhold child support, can a support order be modified saying they did not pay?

If there is a uniform support order, and divorce was mediated and both parents waived having one pay child support, with notations by the Judge in the order, can another person modify the order stating that the parent didn't ever pay child support? The parent who supported is deceased.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 2, 2021

This is a very confusing question , particularly if a Modification is being sought against an estate? If there is not an order of child support, is there an order relative to life insurance?

1 Answer | Asked in Child Support for Massachusetts on
Q: If I receive a child support payment that is above the required weekly amount does that mean I need to wait?

He filed bankruptcy so he won't have to pay arrears ($15k+) for like 7yrs. A condition of that is he is required to make each weekly payment($100 -ordered when child was 3 and he's 12 with not one cost of living increase), without fail. Several weeks back, I received an amount over the... Read more »

Brian Waller
Brian Waller
answered on May 7, 2021

You should contact MA DOR - Child Support Enforcement Division to confirm, but your ongoing payments should not be impacted by any overpayments if there is an arrears balance. Any overpayment should be applied to the oldest outstanding payment. It is possible he received a tax return that was... Read more »

1 Answer | Asked in Child Support for Massachusetts on
Q: I filed for child support online months ago & I still haven’t heard anything or received anything. What’s next?

My daughter is four. Her dad hasn’t paid anything since she was maybe one. Barely sees her. Maybe once a month; some months, never. I’ve never done this before so I don’t know what to do next other than wait. He received something in the mail & did nothing. I still haven’t heard... Read more »

Brian Waller
Brian Waller
answered on May 3, 2021

If there was a prior order for child support that the dad isn't following, you could file a Complaint for Contempt. If there was no prior order, you would need to file a Complaint to Establish Paternity or a Complaint for Custody Support and Parenting Time.

You can contact the...
Read more »

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