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Massachusetts Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Massachusetts on
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

We have a child, childs mother is not allowing me to see if only ask me for money what can I do to have shared custody ? I did not sign the birth certificate and the child does not have my last name. My child’s mother only text me when the child needs something I need some legal

Help

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 21, 2018

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... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: My daughters father is completely going against the judgment entered for visitation custody and child support.

He kept her over night last night on a no over night order. His visits are from 10am-6:30pm on sundays. Due to the fact that I have not gone outside of the court order to his convenience, he pulled this move. He is not paying his ordered child support. He is trying everything he can to give me a... View More

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

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.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Can I get all files concerning my sons custody/ child support from his fathers attorney that represented him in 2012?

The attorney no longer represents him at all. I went to the meeting in “good faith” and helped write the agreement.( my attorneys mother had died the night before the meeting) I need to use all files as my ex has new attorney? Can I call and ask for the files and notes from that meeting that we... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 11, 2018

You would normally not be entitled to the attorney's file if you were not the client.

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: I filed a complaint for divorce pursuant to G.L. c.208 1B. Do I need representation?

Last year she had been charged with domestic violence and her first son had been charge with 3 counts of assault and battery (2 being with a weapon). They were both arrested that day. The Department of Children and Family then came to my home and investigated the situation and took my 2 biological... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 11, 2018

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.

1 Answer | Asked in Child Support for Massachusetts on
Q: If the mother of my kids(never married) has her name on her brothers bank account is that considered income for her?

She pays bills off of this account also.

Lissa McKinney
Lissa McKinney
answered on Apr 11, 2018

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...
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1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: I have been in my child’s life for 14 years , paying financially , recently his mom is now asking for child support

And for me (father) to not have visitations. What are my rights ? Can she legally stop me from seeing my son

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 28, 2018

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... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Massachusetts on
Q: Is there anything I can do if DCF is threatening to force me to live with my other biological parent?

I'm 17 years old. I don't wish to have any contact with my biological father for personal reasons I believe are valid. In early 2017, my parents went to court about visitation and I won so, I haven't been forced to visit, talk, etc...with him. Recently, he called DCF on my mother... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 20, 2018

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... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: What can I do if custodial parent is moving out of state
Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 14, 2018

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... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: Do i have to answer my sons father call's ? can i get in trouble if i don't? i been raising him alone for 6 yrs now.

I have soul and primary custody, i had put him on child support but i will be dropping case because he is not constant and has not paid on time, he sends payments when he feels like it. I just want to know can i get in trouble for not answering his calls ? or if i block him?

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

If you do not have court orders then you are not in trouble. However, the Mass. Dept. of Revenue Child Support Enforcement Unit is the agency involved in the child support order and collection of child support and they can have a wage assignment implemented and also monitor his arrears and add... View More

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Can I️ fight my ex boyfriend on custody arrangements, due to him not wanting to pay the amount of child support ordered?

Our son is currently 9 months old and we previously went to court and agreed to joint legal and me sole physical. The judge put these into an order. He has our son 32 hours a week and I️ have him 136 hours. Now after him being assigned to pay me child support he now wants to go for 50/50 custody.... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 26, 2018

If the case is going to trial next week, the facts to be presented would be that you have the child the majority of the time and the child is doing well . You did not state how old the child is . An older child has different needs and interests than a toddler so it is not really possible to... View More

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Can my grandmother get financial help without my mom paying child support.I live with my grandmother legally im 16

My mom says she won't sign custody over to my grandmother because if my grandmother seeks financial help they will make my mother pay child support which she refuses to do.is what she's saying true if so is there any way to get the financial help without her paying child support

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 26, 2018

You should not be in the middle of this discussion between your mother and grandmother. If your grandmother is seeking guardianship then she will handle these issues either with counsel or herself.

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Been in my child life since birth.Now mother wants to replace me with Sister or Grandmother. My name is on the BC.Help

Child born out of wedlock , my name is on the birth certificate which I have a copy of. Paid for Daycare, School clothes , and everything she needs. I've been taking her to school and picking her up since Kindergarten because of Mother s odd Work Schedule. Now she has her 67yr ol grandmother... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 17, 2018

Depending upon the time lag between when you commenced your petition for relief and your diminished involvement with the child care, your odds are worsened if you appeared to be agreeing with the change. You should have a visitation/"parenting" schedule.

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: me and my ex had a baby. 3 months ago I moved back to FL with her due to his drug abuse. Can I request child support.

I fear he will fight it for kidnapping. He never went to court when I took her and left.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 17, 2018

Yes, you can commence a Paternity action if his paternity has not been acknowledged or established or a Complaint for Custody and Support in Massachusetts as the child has not yet been living in Florida for 6 months, Massachusetts is still the child's home state.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: I married a divorcee with 4 children 7 1/2 years ago. She was recently awarded $2600 per month child support.

from her 1st husband. Can she get additional child support from me? We have no children together.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 16, 2018

If you have no children and have not adopted her children, then there would not be a child support obligation. However, there may be alimony rights depending upon the particular facts of your situation. You should contact a divorce attorney to inform yourself of your rights.

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: I am a 16 year old child stuck in the middle of a split custody. I dont want to visit one parent, what are the rules?

I dont want to see one of the parents because there was a huge disagreement and i do not like the feelings and things at said parents house. Said parent has also supplied me with drugs and alcohol. The othet parent who i am staying with thinks that the othet can go to court in contempt for not... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 11, 2018

Supplying you with drugs and alcohol is not in your best interest and is considered as an incident of abuse or neglect and you should inform your non-offending parent as soon as possible and if you are not comfortable telling the other parent you should contact your pediatrician, your guidance... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Massachusetts on
Q: My parents are fighting in court over who must pay child support, although i am 18 and attend college.

My parents have been divorced my whole life and ive lived w my mom, with my dad paying child support. For the past six months I’ve lived with my dad, so i could be near my University before moving in campus. Now my dad is asking in court for my mom to pay him child support. I do not want to pick... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 10, 2018

Often parties are not equally situated financially, so it is possible that your mother's contributions to college expenses are sufficient. There are child support guidelines which discuss support levels and college contribution levels. Since you are also working part time your income will... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: i live with my child's father but we had a nasty break up. We are not married. what are my rights?

and how would i pursue this to take him to court, ask him to move out and have him served with papers?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 20, 2017

Has Paternity been established? If not, you would start there and can contact the Massachusetts Department of Revenue Child Support Enforcement Unit to work on this issue of establishing his paternity and child support orders. The DOR does not get involved in custody or visitation issues, however.... View More

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: What constitutes 50/50 custody in MA? My ex has our kids 8/14 days and I have them 6/14 days. Is that considered 50/50?

This is in regards to child support calculations. Our agreement currently states that we are to have joint legal and physical custody. Last year we modified the parenting time schedule and now my ex states that since he has them 8/14 days, he is the Custodial parent and I should be paying him... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 12, 2017

There are new child support guidelines in place, so I suggest that you exchange Financial Statements and run them to ascertain whether your ex is trying to avoid paying the correct support level. Income differential figures into the equation, so it is not a given that there would be no child... View More

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: My child mother past away and I took custody of my child do I have to pay back back past child support
Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 1, 2017

The arrears still exist and the Department of Revenue will still enforce same particularly if there is a Personal Representative of mother's estate involved.

1 Answer | Asked in Adoption, Family Law, Child Custody and Child Support for Massachusetts on
Q: I just found out i have a 9 year old daughter. Recently did a paternity test. What are my rights ( if any ) ?

I recently did a paternity test & found out i have a 9 year old daughter. However the mother isn’t allowing me to be a part of this child’s life. Given how sensitive the situation is, i understand her concern. But she originally agreed then disagreed. Plans on moving out of state too. The... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 22, 2017

Without "going to Court" you do not have any legal rights as in paternity cases the presumption is that the mother has sole custody. Therefore, if you are interested in obtaining visitation rights you will need to involve the Court. You also will be responsible for child support and this... View More

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