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Massachusetts Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: I have 2 children, one of which just moved in with me. I live out of state. How can I file a child support modificati

Both parents mutually agreed that our 16 year old would move to New York and enroll in schooling. We cannot agree on a modification of support. Is there a way to have the support (and custody) modified without having to appear in court or hire a lawyer? The process seems fairly straight forward... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 13, 2019

There should be a Joint Modification Petition and Agreement and Financial Statements of both parties and if the MDOR is involved they need to be notified as well. You can go on the state website for the forms. Child support should be under the child support guidelines which are driven by the... Read more »

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: I hace 3 kids not married have not gone to court i make $800 a week giving mother $500 a week she says not enough

Oldest child is not biological but have been there since she was born shes my daughter mother gets support from biological dad but i wabt to nake sure support is for all 3 kids

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 9, 2019

Child support is determined by application of the Child Support Guidelines and you are not under legal obligation for the child who is not your biological child.

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: My spouse got physical custody of my daughter 10 yrs ago. My daughter wants to move in with me. Do I need a court order?

Daughter is 16 years old.

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

Hello, yes, you should file a Modification proceeding and a Motion for Temporary Orders seeking primary physical custody of the child and if granted, then you would be entitled to child support from the other spouse.

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Massachusetts on
Q: Mother tells father of unborn child (3.5 months) to pay hotel bill until baby is born or he can’t see child. Extortion?

(Mass General law Chapter 265, Section 25 governs extortion.) ... Extortion is a criminal offense whereby an individual obtains property or money by any type of force and threats of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action.

Mother is... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 18, 2019

Putative father should rather than get into the nuances of whether there may be a criminal proceeding instead bring forward a Paternity action in the Probate Court where the child is born/living to establish paternity and seek visitation as well as child support orders.

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: My son girlfriend is 16 years old and has a 8 month baby with my son. The girlfriend has been living with me for a year.

The girlfriend’s mother does not give her any child support she gets from her father. Girlfriend’s mom gets snap benefits and child support and refuses to give the daughter any money. I been supporting this 16 year old.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 15, 2019

To obtain a support order you would need to be appointed the girlfriend's guardian first.

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: My brother (45yrs) has custody of his 2 kids (1 biological & 1 stepson) but he still lives with my parents.

My mother is tired of supporting the 3 of them and wants him & his kids out of the house. How would she accomplish this when he’s not willing to move out on his own?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 21, 2019

This is more of a landlord tenant issue I believe.

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: I moved from Massachusetts & want to file for my kids to visit me In Kansas. My ex says Massachusett doesn’t allow that

It’s been 7 years since I moved. My 18 yr old has visited multiple times. My 9 & 11 yr old are not allowed. I’ve visited 2X but have regular communication with them unless my ex gets mad.

Anthony C. Adamopoulos
Anthony C. Adamopoulos answered on Jun 3, 2019

You may file for parenting time with your two young children in the Family Court. Your wife is wrong. Your 18 year old may visit you whenever; he is an adult.

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: Hello! Can I file for shared custody in a court in Massachusetts if my kids live in Puerto Rico with their mom?

If so, how long would it take for the court to make a decision?

Lillian J. LaRosa
Lillian J. LaRosa answered on May 6, 2019

If the children have been living in Puerto Rico for more than 6 months, Massachusetts would not have jurisdiction. You would need to pursue a Custody Complaint or if there are extant orders/judgment in Divorce or Custody and Support, a Modification there .

1 Answer | Asked in Family Law, Child Support and Child Custody for Massachusetts on
Q: Unmarried and separated with three kids. As a single mother, what are my rights an what can I do?

Is there a lawyer that I can get with low income?

Joshua H Bearce
Joshua H Bearce answered on Apr 10, 2019

You can file three Complaints for Custody-Support-Parenting Time in the Middlesex Probate and Family Court. You can seek to waive the filing fees if you have a low income. After you have filed, I would suggest filing a motion for temporary orders to obtain an award of child support from the... Read more »

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: I was told to bring $500 to my next hearing for child support but the money I was relying on, was taking from the state

That $500 I was supposed to pay was supposed to stop me from being sent to jail. On top of paying child support, my son's mother filed a contempt charge and she has stopped letting me see my son, she hasn't allowed me to see him since August of 2018. I'm wondering on what I should do

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 22, 2019

Was the State taking the moneys for arrears in child support? Or did you owe the state otherwise? If it was not taken for child support , you will need to obtain the money from family or friends or you will be taken into custody/jail as the Court has made a finding that you can pay the support. If... Read more »

1 Answer | Asked in Consumer Law and Child Support for Massachusetts on
Q: Can child support garnish both of my full-time jobs paychecks if I'm paying in full from the first jobs paycheck
Christopher Tolley
Christopher Tolley answered on Feb 20, 2019

If you are paying all that is required of you from one paycheck, it does not make sense that more money would be taken out of your second paycheck. For example, if your total pay from one job equaled the amount you are currently being paid from your two jobs, and you were paying the total amount... Read more »

1 Answer | Asked in Child Support for Massachusetts on
Q: I filed for contempt on my daughters’ father for non payment oc child support. What will happen at this hearing?

My daughters’ father owes $34,000 in arrears plus and additional $24,000 in interest. For the entire 2018, he has only fulfilled his monthly obligation once, mostly only making 1-2 payments a month. Arrears continue to increase. I filed contempt and he was served on12/14..after this date, he... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 22, 2019

Are you represented by counsel? That's a good idea to be. Nobody can offer you predictions, but you and the opposing party will be asked to plead your case and submit evidence re: contempt. Intention is also a key element, be forewarned. More details are necessary to provide a professional analysis... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: stepparent's obligation for child support if it's not in divorce decree. (In MA)

Divorce decree states "no child support, no alimony" in both directions. Mother has full custody and (adoptive) stepparent has the kid every other weekend. Fast forward seven years, the kid is 16, getting into trouble, and mostly uninterested in going to Stepdad's every other weekend. If Stepdad... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 10, 2019

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.

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2 Answers | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: In a divorce case with 2 children ages 6 and 10, will the judge force the father to work to his fullest potential?

What if the father has a history of gambling?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 7, 2019

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.

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1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: I requested a Judicial Review in regarding arrears. Can DOR take $ from my chck while this is still under review

DOR just started taking child support from my check but I am waiting for the defendant, my ex to respond to the complaint. Can they take $$ if I'm questioning the arrears? Also how long does the defendant have to respond to the claim? What do I do if he doesn't respond and where can I get a default... Read more »

Joshua H Bearce
Joshua H Bearce answered on Dec 23, 2018

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... Read more »

2 Answers | Asked in Child Support and Divorce for Massachusetts on
Q: I would like to get a divorce, he and i have been seperated for 4 years. We do have 3 children.

2 are 18 and our smallest is 17. I would like to put the divorce for being an adulterer. I need guidance and help. I live in Massachusetts

Anthony C. Adamopoulos
Anthony C. Adamopoulos answered on Oct 23, 2018

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...
Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
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

weeks a year with him. Can she go to court and request I take him more and still keep the CS money I pay her based on that schedule?

Can she change the parenting schedule to fit her even when it’s detrimental to me?

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 6, 2018

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.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
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?

My mom got an expatre motion back in January based on my brother being choked/strangle by his dad. Two dcys cases were opened on him, he has mulitple arrests but yet when the decision came in it states that my brother has to speak with his dad 5 times a week. Go with him every other weekend and one... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 4, 2018

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.

1 Answer | Asked in Divorce, Child Custody and Child Support for Massachusetts on
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

One has severe depression from years of injuries and a poor middle school experience one has anger issues saying I abandoned her in middle and was not as loving as I should have been. My husband told them I never loved any of them. This is all out of the blue. Husband struggling to help fix... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 14, 2018

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... Read more »

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Modifying a Child Support order to end support payments to mom when 18 yr old moves in with dad. Child going to colleg

In Massachusetts: The child will be going to college closer to Dad. Mom just moved another hour further away from his school. Makes sense for him to call Dad's home, home base (we're 45 minutes away) . We want to end the child support order to mom, and Dad is not requesting support from Mom. Only... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 8, 2018

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.

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