Massachusetts Child Support Questions & Answers

Q: stepparent's obligation for child support if it's not in divorce decree. (In MA)

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Answered on Jan 10, 2019
Lillian J. LaRosa's answer
If the child is adopted by you then the child support guidelines level of support would apply and child support orders can be sought regardless of whether visitation occurs.

Q: In a divorce case with 2 children ages 6 and 10, will the judge force the father to work to his fullest potential?

2 Answers | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Answered on Jan 7, 2019
Lillian J. LaRosa's answer
The Court can impute income to him in calculating child support in an amount based upon his earnings history and educational background and the Court can order job search to occur also.

Q: I requested a Judicial Review in regarding arrears. Can DOR take $ from my chck while this is still under review

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Answered on Dec 23, 2018
Joshua H Bearce's answer
Yes. There is a court order in place to withhold money from your paycheck for purposes of the payment of child support. The father has 30 days to file an answer to your complaint after he is served with a copy of the complaint. You will not get a default judgment from the court if he does not respond to your answer. However, if he does not appear for scheduled court hearings etc., you can request a default judgment from the court. I suggest you speak with an attorney who specializes in...

Q: I would like to get a divorce, he and i have been seperated for 4 years. We do have 3 children.

2 Answers | Asked in Child Support and Divorce for Massachusetts on
Answered on Oct 23, 2018
Anthony C. Adamopoulos' answer
Jackie,

You have the right to file a divorce based on adultery, however it is not wise to do so for several reasons. Irretrievable breakdown is the suggested approach.

I would be happy to work with you on your getting a divorce quickly and for the least expense.

I am LAR certified and could work with you on an LAR basis. See:

https://www.divorcingoptions.com/Handouts/Limited_Representation_PDF_Handout_Version.pdf

Call if your interested. 978 744 9591.

Q: I have shared custody of my child. His mom has him 18 days a month and I have him 12 days a month, plus I get two full

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Answered on Sep 6, 2018
Lillian J. LaRosa's answer
Yes, the child support guidelines would be calculated for a shared custody and the party with the greater income would be paying child support to the other parent.

Q: Can a nh judge make jurisdiction of my brother stay in nh wjen he has lived in mass for 9 months? He have to see hisdad?

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Answered on Sep 4, 2018
Lillian J. LaRosa's answer
It sounds like the New Hampshire Court is recognizing that there could be a change in jurisdiction to Massachusetts and you should consider engaging Massachusetts counsel to advise on the timing of filings here.

Q: My husband has turned the kids against me saying there currant issues are my fault and I am making them sick. What Can i

1 Answer | Asked in Divorce, Child Custody and Child Support for Massachusetts on
Answered on Aug 14, 2018
Lillian J. LaRosa's answer
First of all, smoking weed with the children is inappropriate and if the DCF learns of this "neglect" on his part, he will likely need to be removed from the home by you or you will need to leave the home with the children or you can be accused of also being neglectful by DCF. Are the children in any kind of therapy? Clearly this is a starting point for child care. A suicidal child should be brought to the ER of the local hospital and not told that your caring level is the cause. Have you...

Q: Modifying a Child Support order to end support payments to mom when 18 yr old moves in with dad. Child going to colleg

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Answered on Aug 8, 2018
Lillian J. LaRosa's answer
Is the child in agreement to living with you primarily when he or she is in college? Did you previously have a close relationship with the child? If the answer to these questions is yes, then you can pursue a Modification of support once he or she moves in with you.

Q: I pay C/S for my 2 sons.1 of my sons moved in with Me 2 months ago. Do I still have to pay C/S for 2?

2 Answers | Asked in Child Support for Massachusetts on
Answered on Jul 10, 2018
Anthony C. Adamopoulos' answer
Yes, you should continue to pay the child support order until you file a motion for modification to change a temporary order for child support. If the child support order is the result of a judgement you must file a complaint for modification to change the Judgment providing for child support.

Q: Can my ex wife demand a raise on child support?

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Answered on May 31, 2018
Anthony C. Adamopoulos' answer
Your question is "Would it be fair to spend weekdays afternoon only til have a house?"

If there is no Family Court Order setting when you are with the children and when and if you can be in the Family Home then based on what you write it would be fair. While you are with the children there is no need to pay a baby sitter.

Q: per my divorce agreement, my ex and I are to split our sons summer day care 50/50. I take him to one place and he takes

1 Answer | Asked in Child Support, Divorce and Family Law for Massachusetts on
Answered on May 23, 2018
Lillian J. LaRosa's answer
You should follow the terms of the Separation Agreement/Divorce Judgment and If there is noncompliance then there could be a Contempt Complaint and if there is a material change in circumstances a Modification Complaint may be justified.

Q: If I did not sign the birth certificate as a father, and my child’s mother is constantly not allowing me too see our kid

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Answered on May 21, 2018
Lillian J. LaRosa's answer
If you are uncertain of paternity you can commence a paternity complaint . Otherwise there is a Custody and Support and Visitation complaint you can bring and the Mass Dept. of Revenue would normally be involved in seeking child support order under the guidelines but their involvement is only with determining support - they are not involved in custody and visitation issues . Orders can be made retroactive to the date of birth and include determination of medical insurance coverage for the...

Q: My daughters father is completely going against the judgment entered for visitation custody and child support.

2 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Answered on May 14, 2018
Lillian J. LaRosa's answer
This sounds like he is in Contempt and normally you would need to appear on the return date of the Contempt. The DOR would handle financial Contempt but not the custody/visitation issues. It is worthwhile to get to Suffolk Probate.

Q: Can I get all files concerning my sons custody/ child support from his fathers attorney that represented him in 2012?

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Answered on Apr 11, 2018
Lillian J. LaRosa's answer
You would normally not be entitled to the attorney's file if you were not the client.

Q: I filed a complaint for divorce pursuant to G.L. c.208 1B. Do I need representation?

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Answered on Apr 11, 2018
Lillian J. LaRosa's answer
You should address why the DCF feels that you should not have the children with the DCF. Have they made recommendations or a service plan for you to follow? If not you can request same.

Q: If the mother of my kids(never married) has her name on her brothers bank account is that considered income for her?

1 Answer | Asked in Child Support for Massachusetts on
Answered on Apr 11, 2018
Lissa McKinney's answer
Yes, especially if she is using the resources in that bank account for her own bills and interests, rather than his.

If it has not been disclosed on her financial forms before be sure to let the Court know. They will not be happy about an undisclosed bank account in her name, that she uses. You can also conduct discovery on that account, and seek all the cards linked to it, who accesses it, and who controls the funds most often. Good luck.

Q: I have been in my child’s life for 14 years , paying financially , recently his mom is now asking for child support

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Answered on Mar 28, 2018
Lillian J. LaRosa's answer
The two issues are treated as unrelated by the Court so that your seeing your child is independent of whether you are paying support. However, if there is an issue concerning your child's care when you are visiting with him, then there can be proceedings to limit your contact . If this is an unwed situation the Court can order child support to be retroactive to the date of birth if there has been no child support order.

Q: Is there anything I can do if DCF is threatening to force me to live with my other biological parent?

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Massachusetts on
Answered on Feb 20, 2018
Lillian J. LaRosa's answer
it looks like you need to promptly be seen by your pediatrician and/or psychiatrist concerning the medications not bringing you relief and the absence of medication is apparently worsening how you are feeling. Your failure to attend school on time is an indice of neglect which needs to be addressed as soon as possible or a custodial change is possible.

Q: What can I do if custodial parent is moving out of state

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Answered on Feb 14, 2018
Lillian J. LaRosa's answer
Do you have joint legal custody? Or do you have visitation orders? is this out of a divorce case or a paternity case? Or is there nothing with any Court? If you supply more information this could be responded to. If there are Court orders custodial parent cannot just flout them. If there were never any court orders in a non-marriage situation, the presumption is mother has sole custody and can leave with the child. You would need to commence proceedings presumably a Paternity case if nothing...

Q: If parties agree before pre-trial how do we proceed ?

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Answered on Feb 9, 2018
Lillian J. LaRosa's answer
You should prepare your written settlement agreement and have it executed before a Notary Public and have sufficient copies for each of you.

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