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Massachusetts Child Support Questions & Answers
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...
Read more »

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.

3 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Can the courts force me to visit my child? I pay support fully and on time, but I absolutely refuse to visit.

At this point I’m considering a restraining order against my ex, we agreed that I didn’t have to visit as long as I paid support. But she started trying to force me to visit, she shows up at my house with the kid occasionally. Last time I called the police and they made her leave but she’s... Read more »

Kelley Anne Joseph
Kelley Anne Joseph answered on Apr 25, 2020

While I practice in Florida, not Mass., in most states, courts cannot “force” a parent, against his or her will, to spend time with a child, but many can sanction a parent for their refusal, in some way, as forcing you seems contrary to the child’s best interest. Further, the court can... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: I’m wondering if there is a way to waive back child support that the other parent is willing to waive?

The other party has agreed to waive a certain amount of child support in out case. Just wondering what the steps are?

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 22, 2020

If your question involves the MDOR then you and the other party need to contact the MDOR attorney or office involved with your case and indicate that there is going to be an Affidavit of No Arrears executed and request this be processed.

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1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Do I need to mail a money order?I have a feeling once they see they will want child support I am on disability .

I have the forms to mail to the court house for parenting time.i am on the birth certificate.

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

The level of child support is determined by the child support guidelines and you should try to estimate the sum based upon your income and what you know about mother's income as well as medical insurance information. Keep records of what you are paying directly ( cancelled checks and bank... Read more »

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: I owe back child support, will my stimulus go directly to my ex wife? I ask because that's what hoping for
Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 3, 2020

I would think it would go directly to the MDOR to reduce your outstanding Child Support arrears.

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: Looking for help to have my daughter come spend time with me at my own house. My kids mother is making rumors about me.

I need help to get custody of my daughter her mother is unfit and has been prostituting for the last 3 years, she has sexual intentions with police officers. I need help to get my daughter away from all this nonsense. Please help

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

Is the child being neglected or abused? If so you need an emergency order and should engage counsel in your geographical area. Otherwise you should consider filing a Modification of your current custodial orders.

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: How do i stop an order since we are now married?

Years ago i started my then boyfriend on CS for our 2 sons. We have since got back together and have been married. We have had 3 other children since the order started. He owes technically me back support but her provides everything for us to live. How do i stop this order?

Brian Waller
Brian Waller answered on Feb 10, 2020

You should contact DOR Child Support Enforcement Division and explain your situation. They will walk you through the steps you will need to take. In general, you will need to modify the child support order to terminate it, and as part of the process, you would waive the unpaid arrears balance. You... Read more »

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: Will I have to pay child support because I make more than my ex?

So my ex and I have never been married and we have never gone to court for any child custody. I plan on taking him to court to do that but my biggest fear is that I’ll have to pay him for child support because I make more than him. Would I have to pay him for child support?

Brian Waller
Brian Waller answered on Dec 31, 2019

Not necessarily. Child support isn't solely based on income, the biggest factor is which parent has primary physical custody of the child. The child support guidelines also factor in other expenses paid on behalf of the child, like daycare or health insurance.

The way the child...
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1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: My college child has moved back in with me mother moved out of state do I still have to pay child support
Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 31, 2019

It sounds like you will need a Modification in order to terminate the child support to mother. Are you still living in the original state where your orders issued from? If so, then the Court still has jurisdiction over the child support. If the "college" child is over 18 but not yet 21,... Read more »

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: Have 19 year old in college going for modification was paying for two one aged out. I pay more for college is this all

Looked at from judge

Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 30, 2019

There is a college contribution based upon UMass in state resident rates, so, for example, if you are paying over the anticipated maximum amount for the child in college, the weekly child support could be revisited by the Court in a Modification. You should contact your divorce attorney or a... Read more »

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