Ask a Question

Get free answers to your Child Support legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Massachusetts Child Support Questions & Answers
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

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: If there is a court investigator assigned to my custody case Can I still file a modification for child support

I am currently on workers comp, I have a court investigation going on due to my ex filing for emergency custody based on made up allegations

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 14, 2017

Yes, you can still file a Modification of child support if there is a material change in income and the new Guidelines would result in a change in the amount of child support. Bear in mind that there is an issue as to whether the fact of your workers compensation payments not being taxed results in... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Massachusetts on
Q: Can I move custody hearings from Massachusetts to another state?

I was granted permission to move my child at the age of 8 out of Massachusetts and I need to take my ex to court regarding custody and medical bills he's not paying. I now live in Virginia and it is difficult to go to Massachusetts for court. He was court ordered to pay half of all our... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 6, 2017

Custody and visitation issues are Virginia issues if the child has been there for 6 months or more. If he still lives in Massachusetts the support issues are Massachusetts issues.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: My ex boyfriend or whatever he is cheated on his wife for a year and half . I’m trying to help her now.

He cheated on her and did an amazing job lying , keeping secrets and making me believe he was getting divorced when his wife had zero idea. We just got in touch and put 1+ year puzzle together. He abuses her emotionally and

they have 2 girls. He started to hide money from her We want t... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 6, 2017

Your friend should contact a domestic relations/divorce attorney and not wait to find out how much money he has secreted as it would be harder to reconstruct the longer she waits. You should be careful not to be drawn into the situation, and her concerns for the children's and her safety and... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Q: My child is 20. He lived with me for 1yr (17-18) & his gram for 1yr(18–19). Should I still be paying support?

He now, at 20, lives back with his Mom and just started at a cummunity college. I had filed a request for modification two years ago, but because he moves so often (due to his behavior and dropping out of school), by the time things started to move forward, he was not living with me anymore. Now I... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 3, 2017

You should definitely meet with a divorce-domestic relations attorney as soon as possible as there are new child support guidelines addressing the age and college contribution issues .

1 Answer | Asked in Child Support and Child Custody for Massachusetts on
Q: What do i need to do to file for joint custody
Ali Shahrestani,
Ali Shahrestani,
answered on Sep 6, 2017

You'd have to file in court a motion requesting that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Child Support for Massachusetts on
Q: Change of custody per consent order

I have paid child support for over 10 years. Recently, my son has come to live with me per consent order, which I have faxed a copy to MD DOR. It's been 2 months and my wages are still being garnished. The only answer I've gotten from Dor is that "this takes time". Meanwhile 30%... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 22, 2017

You may need to file a motion to modify the child support order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and... View More

2 Answers | Asked in Child Custody and Child Support for Massachusetts on
Q: If a father is on child support can can he gets custody ?

My baby father wants joint custody of his child

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 15, 2017

Where parties are unmarried the presumption is that mother has sole custody. If you were living together or if he was highly involved with the child, then he may have basis to claim joint legal custody. If there are facts which indicate physical custody is being shared equally, he may claim same.... View More

View More Answers

2 Answers | Asked in Child Support, Divorce and Family Law for Massachusetts on
Q: We are switching physical custody of kids from me to my ex. Do I count his support as income on the support guidelines?

My ex was paying child support every two weeks. We are using the MA child support guidelines form to calculate my amount of support to him now that the kids will be living with him. Right now I don't have a job, and income is low. Adding in the benefits we get now towards the income will... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 15, 2017

Hello, No, you do not include the child support you are receiving involving the same children. You should be aware that there are new Child Support Guidelines going into effect in September which you should look at and they are posted on the Mass.gov website. They take into consideration a number... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.