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Massachusetts Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Do i need to pay my child support if my daughter is out of country for 2 weeks with my ex for vacations?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 8, 2017

Yes, unless your separation/divorce agreement states otherwise.

1 Answer | Asked in Child Support for Massachusetts on
Q: Can He claim Child Support?Adult child claims I am his father, His mother recently died and told him I was still alive.
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 6, 2017

See: http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/support.html

See: http://www.mass.gov/courts/docs/child-support/guidelines.pdf

Is the child under 21? Is there a past order for support? More details are necessary to provide a professional analysis of your...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: My children's father makes no effort to be part of their lives except on his weekends. What do I do?

I'm a single stay at home mom of 2 children. Their father has them every other weekend. Supposed to have them 2 days over every school vacation, 2 weeks in the summer and every Wednesday for dinner. He doesn't do any of that besides his weekends. He gets to claim them on his taxes even... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 28, 2017

You can file a motion to modify (increase) child support based on fact that dad is spending less time than the custody order permits. Contact a tax lawyer re: your tax question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

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1 Answer | Asked in Child Support for Massachusetts on
Q: How often can I be summoned to court for support modification? He currently owes +/- 12,000 backpay. Was there 1yr ago.

A yr ago judge's motion to deny his request to decrease of support WITH Prejudice. At that time he wasn't making pmts.. His explanation was he was trying to grow his 4yr old business/ fulltime career change. We've been divorced for 13 yrs. Have x2 children 15 and 20 currently... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

He can file for modification of child support payments when there is a legal and factual basis (e.g., significant changed in financial situation). There is no per-se limit. See: http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/modification.html

More details are necessary...
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1 Answer | Asked in Child Support for Massachusetts on
Q: I was paying child support and then my son came to live with me, we verbally agreed to stop child support.

My ex was helping support him financially but has stopped. my son is now 18 and a full time college student. Can I go for modification to get child support while he is in college? And will I be in contempt for not paying court ordered support even though we verbally agreed I wouldn't since my... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

You might be in contempt of the child support order since you stopped following the court's order without seeking a timely modification. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read... View More

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: lost custody for 3 years owe back sup. Had them bac 4yrs now and he does not pay me. They take 400mnth out my checks.

I lost custody for 3 years and accrued 13000 in arrears. I got custody back about 4 years ago. He was ordered to pay me but has failed to do so consistently. i pay arrears 400 a month to the father. and my family is suffering because we don't get it back from him like we are suppose to. Now... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

You can file for a modification of the support order, and/or you can file for a contempt order for his failure to pay support. See: http://www.mass.gov/dor/child-support/resources/frequently-asked-questions/interest-and-penalties-parents-who-pay-support.html

More details are necessary to...
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1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: why do I pay child support 2x's for the same child?

I pay child support to Massachusetts. The state in which the child resides. How is it possible that I received a letter in the mail that I am going to be garnished more wages for the same child, but from Puerto Rico?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Contact a PR lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client... View More

1 Answer | Asked in Child Support for Massachusetts on
Q: I cannot get any college records from the custodial parent or my son yet I am paying support until he graduates or turns

23. Can I motion the judge to order it and is he protected by FERPA? Can I ask for emancipation if I can't get proof of full time enrollment?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

See my answer to your identical question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

1 Answer | Asked in Child Support, Family Law and Juvenile Law for Massachusetts on
Q: Can I ask that my child be emancipated if he refused to provide me with proof of college enrollment?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Adults over 18 are not considered minors, and legal emancipation is a process for minors - not adults. Perhaps you're confused? Are you dealing with a child support order that you want to challenge because you're not sure you're child is in college and you're paying for it? If... View More

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: What do I do when I haven't received child support in over 5 months & the DOR hasn't done anything about it? I'm in Mass

My sonson father has considered missed payments 8 to 12 weeks in between and never getseen in trouble in court and he is never asked to bring money to make his arrears current

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 2, 2017

You can file for contempt in court, and you can report the case with a copy of the child support order to the Child Support Enforcement office.

See: http://www.mass.gov/dor/child-support/

The best first step is an Initial Consultation with an Attorney. You can read more about me, my...
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1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: I have had custody of my daughter for 6 years and am currently on child support what can I do?

Her mother file for child support in when my daughter was 2 at which time she lived with her in Massachusetts. Her mom currently lives there & my daughter & I live in NC. I have contacted several people no one seems to be able to give me direction. I am currently paying 100.00 a week in an... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 12, 2017

If you want to modify child support or custody, you can file for that in MA. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: daughter has custody of grandson the father has him weekends court ordered doesn't pay support she like him Xmas eve

and let father have him 3 pm Xmas eve to the next weekend father says she in content of course if there's weekends where he won't take him does that make him in contempt he doesn't pay any support and she does what she can and the things that a father should be giving him myself and... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 21, 2016

The mother of the child should contact an attorney directly to discuss the standing court orders, how to modify them, and how to negotiate a peaceful resolution with the child's father re: custody. The best first step is an Initial Consultation with an Attorney. You can read more about me on... View More

1 Answer | Asked in Child Support for Massachusetts on
Q: The father and I (never married) have 50/50 legal and physical custody of our son. It is in our order

that he pays health insurance and we each cover our own expenses. He is now going for disability and the state put out an order for me to pay health insurance plus child support. He owns his own condo and brand new car. How is this possible that they come after me?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 21, 2016

If he has no health insurance to provide because he's disabled and/or unemployed, that puts the additional burden on you, the other custodial parent. You can request a modification of child support orders in Court, which would require a re-evaluation of both of your income and expense reports.... View More

1 Answer | Asked in Child Support for Massachusetts on
Q: We had a child support agreement in RI and the father paid. Now we both live in Mass and he stopped paying. What next?

For many years the father paid, but he recently quit his job (as a doctor) and went back to school and stopped paying. The court order was in RI, but we have all since moved to Mass. Should I go to court in RI or in Mass to have the issue resolved and get him to pay?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 15, 2016

You can seek to enforce the RI order in MA by making a Motion to that effect. Since his financial situation has changed, as you say, then he may contest the order on that basis. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website.... View More

1 Answer | Asked in Child Support for Massachusetts on
Q: My daughter is 15 and has her own child do i still have to pay support
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 15, 2016

You have to obey court orders re: child support. You can seek modification of such orders if there are significant changes. Just because your minor daughter has a child of her own now does not mean she doesn't need your financial support anymore: quite the contrary, I imagine. The best first... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: Is it worth going back for modification?

I am in the process of going back for modification of my child support and alimony. We share fifty fifty custody. I have been out of work for over two years with back surgeries and I am trying to get social security disability. Because I am not able to do anything more clinically (I am a nurse) I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

A motion for modification of support may be in order. The best first step is an Initial Consultation with an Attorney. If you cannot afford one, access self-help resources at your local County law library. You can read more about me on my law practice website. This answer does not constitute legal... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: If one parent wants a 50/50 joint custody so no one has to pay the other support and the mother doesn't what happens?

Child is 6, mom does not want every other week or splitting the weeks, feels not good for the child.

Ellen Anna Wright
Ellen Anna Wright
answered on Oct 8, 2016

Routine and structure is important for the child so the Court is not likely to take primary physical custody away from one parent to a 50/50 split arrangement unless you can show a material change is circumstances that would merit the relief you are seeking.

1 Answer | Asked in Child Support for Massachusetts on
Q: what can i do if child support is messing up on the amount i have paid ?

i have been paying child support for years , and it wasn't until they opened that website for fathers to check there balance did i notice that the amount they have take from me has not been properly taken off the amount i owe, i did a print out of my payments for the last 18 months on 9/06/16... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 3, 2016

Hello, You can seek an administrative review of the DOR information. Start with a phone call- yes you will be on hold, but the issue needs your attention. Also if your son is 21 and not in college or post secondary school ( depending on your separation agreement) a Modification to terminate... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: How long can someone get child support after child is returned from DCF custody even if they still have temp custody

The child was in dcf custody for 6 months just returned and DCF still have temporary custody and I wanted to know when can my friend apply for child support or do it have to wait til after the case is closed and custody is returned to her?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 23, 2016

The Court would want you to have a custody order most likely.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Massachusetts on
Q: Divorce between US and Canada

Family was living in Canada, husband physically abusive, wife & kids escaped & now living in MA. Low income, younger daughter dealing with OCD & PTSD issues, need help with divorce proceedings, custody, need to prevent husband from contacting children.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 22, 2016

How long have you been in Massachusetts and did husband live in Massachusetts at some point? There are complicated jurisdictional issues and I urge you to make an appointment with a lawyer to go over all of the facts.

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