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Massachusetts Child Support Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: Can my son's biological dad go to court for rights and visitation if he isn't in my son's birth certificate?

He never wanted the baby, then i got married and my husband recognized my son as his own, so legally my husband is my son's dad.

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

Though a child born during a marriage is presumed to be fathered by the husband, this is a paternity question which biological father may be able to bring forward

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2 Answers | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: Can my son's biological dad go to court for rights and visitation if he isn't in my son's birth certificate?

He never wanted the baby, then i got married and my husband recognized my son as his own, so legally my husband is my son's dad.

Brian Waller
Brian Waller answered on Apr 2, 2021

If by legally you mean that your husband adopted your son and your husband's name is on the birth certificate, I don't think the biological father can do anything because he would have been notified about the adoption. If your husband isn't on the birth certificate then the... Read more »

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1 Answer | Asked in Child Support for Massachusetts on
Q: I am trying to figure out which state Florida or Mass I will have to go through to end paying child support for my son.

My son is 19 and will be finishing school soon. Child support was started in Florida in 2012 but due there being a paternity file that was started in Massachusetts on 12/2002 the amount of support i pay is based on Massachusetts calculations. So I am not sure if I will need to be going to... Read more »

Brian Waller
Brian Waller answered on Apr 1, 2021

That is a tough one without looking at the actual order. I would recommend talking to an attorney in Florida if there is an order out of Florida that your child support is based on. It could be that it is enforcing a Massachusetts order, but I think Florida is the right place to start.

1 Answer | Asked in Divorce, Child Support, Employment Discrimination and Probate for Massachusetts on
Q: How to go forward with a judge that works with my husband for 20 years ruled against me and my husband told me he would
Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 1, 2021

Are you pro se? Did you tell your attorney this ? A Motion to Recuse is the usual method of proceeding when there is an association between either party and the Judge or an appearance of conflict even it is a good idea for the Judge to recuse.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: I want a divorce. I live in Massachusetts, My husband left to PR and thought I would follow, but I said no. How to file?

We own a house in PR. I have my youngest son (16) living w/me at my sister’s. I had to abandon my apartment. I can’t afford rent on my own. Can I file in MA vs PR. He left in Oct 2020.

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 26, 2021

It sounds like you were both living in Massachusetts until October 2020 when husband left, so yes and Massachusetts has jurisdiction over the child who lives here and has lived here for 6 months or more.

1 Answer | Asked in Child Custody, Child Support and Public Benefits for Massachusetts on
Q: Can she apply for child support in a state she’s lived for 2 months?

Me & and the mother of my child are from MA. I’ve been in Florida for 4 years. She kept my child from me for 2 years, with false restraining orders etc (which I don’t know how that’s legal). She decided to get on good terms with me when her false accusations expired. She moved down here... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 24, 2021

It sounds like Massachusetts has a lot of contacts with the parties and the child for child support orders, although if the child was only back in Massachusetts for 2 months custodial non-monetary issues would be appropriate in Florida as the home state. Was there a paternity or Custody and Support... Read more »

1 Answer | Asked in Divorce, Family Law, Tax Law and Child Support for Massachusetts on
Q: Can owner change her S-Corp to be taxed as C-corp so her income for support will be lower based on W2 only in divorce?

She is paying high alimony & child support now due to high income from W2 + K1( from business income reported on her tax return). Is it legal for her to change her S corp to C-corp so her future income from C corp will be far lower that is based on W2 only? Her company is growing and needs to... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 9, 2021

It depends upon the terms of the Separation Agreement/Divorce Judgment and the Judge's perspective on the level of income available for alimony and child support.

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: should i give my ex my child stimulus I receive because I claim one of our children and she claim one ?

she is the custodial parent and i am not late on child support

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 5, 2021

It depends upon the wording of your separation agreement/Divorce Judgment if you are divorced or temporary orders if there is not a final resolution . If the document is truly silent then not required to do so.

1 Answer | Asked in Child Support for Massachusetts on
Q: Interest owed to mother that never had the child in the first place.

I owe arrears and interest to the mother. The child is of age now, and on her own. I wanted to know if there is a precedent to give to a court that could waive the the interest owed to the mother and to the commonwealth. She never had the child for the majority of the child's life. She... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

Some states grant the court the ability to suspend interest on child support. There are other consideration, but you will have to bring that to a court’s attention in a proper legal action. I would recommend the use of an experienced family law attorney to assist you with that process or... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Massachusetts on
Q: I'm looking for legal help for my divorce.

I have a complicated situation with a seven year old, don't have job, and my husband doesn't want the divorce we have been separated for 4 years. I was hoping you could help me and point me in the right direction.

Thank you in advance,

Maria

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 6, 2020

So, depending upon your financial circumstances the Volunteer Lawyers Project of the Boston Bar Association may be able to assist you. If your husband has income and assets which are sufficient, the Probate Court can order him to pay toward your counsel fees.

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: good afternoon. I have a question concerning the legality of Massachusetts DOR and the collection of child support.

i filed a complaint for modification and custody in 2013. i asked the court to set my child support arrearage in my pleadings. Both the other parent and Mass dor were served. I received Judgement on 5/2013. per agreement i owed $10000.00 child support. Dor now states I owe mother 10,000 and THEM... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 1, 2020

You will need to have a copy of the Judgment of arrears to provide to the DOR and

have confirmation that mother is receiving support ( and arrears ) through the DOR and provide

your print out from DOR handy and ready to discuss with them. If there are no new arrears then...
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1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: Child Support during unemployment

I lost my job back in July (Massachusetts). I will return to work next month. By the time I return to work I will have been paying full child support for 10 weeks. My child support exceeds my income (unemployment insurance) by $100 weekly so it has put a big dent in my savings.

Petitioned... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 29, 2020

If the Court reduces your child support it could be retroactive to the date of service of the Modification Complaint, but you will need to address that with the Court since most orders are prospective.

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Father has full custody but drops my daughter off and leaves her for months at a time without helping me and mother pays

I wonder what can she do about this.

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 28, 2020

You need a Modification of Custody and Child Support Complaint/proceeding and this should be done based upon the last Judgment or Orders issued by whatever Court is involved.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Massachusetts on
Q: Can your child support payments be lowered if you have another child with new spouse?(Massachusetts)
Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 28, 2020

It can be used as a defense to the request for an increase in child support but not to lower an existing child support order.

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Hi need help with Child custody for my daughter

Hi, I need with a child custody for my daughter Rosalie. She is 7. Her father just served me papers for custody and parenting visits. I'm planning on moving out of state and i want to do things legally. I also want to do what the best interest of my daughter. Her dad doesn't pay child... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 27, 2020

There is a Public on-line Probate & Family Court docket search you can do to check the status of your case Its unclear what your case was- divorce, paternity, etc. Was the MDOR /CSE involved in obtaining child support orders? if yes, then follow up with the MDOR. If not, you can seek an... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Massachusetts on
Q: Do I need permission from SO’s ex to have a child depending on stipulations in their custody arrangement

They have an agreement that neither party can make a decision in regards to their child without first speaking to other parent and developing an agreement. As having a sibling would effect their child does he and I trying for a child fall under that agreement

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 24, 2020

This is not a typical construction of a decision concerning the child's health and education and recreation. Does your stipulation discuss this question of additional children ? I've never seen this coming up! It sounds like an intrusion and could well be a violation of public policy that... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Hi I want to move to another state and me and the father have joint custody but the child lives with me...

But he doesn’t pay his child support and he have tattoo shop

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 20, 2020

Whether or not he pays his child support will not affect the custodial issue nor the removal issue, but it does not reflect well on him and is a part of the whole set of circumstances the Court uses to evaluate the removal petition. Is this joint physical or joint legal custody you are referring... Read more »

Q: How do I go about filing an appeal on DCF? I am involved in case on which I am NOT the supported person of neglect.

Domestic violence with my children's father, in which I am the victim, have landed DCF in my life for the third time.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 6, 2020

This is actually an area of specialization. However, briefly, if you are within 30 days of the supported finding of abuse or neglect you can ask for a fair hearing and if the finding is adverse at the fair hearing, then the Superior Court would be involved if an appropriate appeal of the hearing... Read more »

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2 Answers | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: My husband and I have been separated since 2017. I’m terrified of him but I want to finally go through with the divorce

We briefly reconnected for about two months winter 2018 and now we have a baby. I told him I was pregnant in April 2019 when I found out and I didn’t hear from him my entire pregnancy nor did I hear from him her entire first six months of life. I ended up contacting him for help which was a... Read more »

Tanesha R Wright
Tanesha R Wright answered on Jun 15, 2020

You should contact an attorney to discuss specific details, there is not much here to go on. If you want a divorce you'll need to go through the divorce process of filing in the probate and family court. If you fear for your safety and your child's safety, for any reason, you should... Read more »

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1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Looking to get child support changed due to father of the children reporting less income then actually receiving.

Divorce and custody agreement was done in a different state (Rhode Island). 1. Father is moving out of current state to somewhere unknown 2. Father of the children reported to child support that he makes a certain amount for last three years when he makes almost triple of what he reported. He is... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 19, 2020

So it looks like neither of you are in Rhode Island, so you can contact the Mass. Dept. of Revenue about Child Support Enforcement application and their seeking a Modification through the Probate Court in Massachusetts where you are residing for you as an option.

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