Legal Question in Family Law in Massachusetts

I live in Mass received a letter from DOR stating that an ex girlfriend has filed for child support for a 13 year old child I never knew existed. We were never married. We are going to have to take a paternity test to see if the child is mine but I am wondering how child support is going to be figured if I am indeed the father. I have custody of my two older children from a previous relationship and receive about $125 a week in support for them. I am also married and my wife and I have two more children together so we have 4 children in our home that I am supporting. Will DOR take that into consideration especially since I had know idea about this other child. I will also have to supply insurance for this new child which I do get through my work but will that be considered as well? I am planning on consulting and attorney as soon as we find out the test results.


Asked on 10/12/12, 6:02 am

2 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Thank you for your question, and I'm sorry to hear you were hit with this surprise.

Child support obligations will be based on your income and the custodial mother's income. If you would like to schedule a consultation with our family law attorney, she can estimate the likely amount of support based on the Massachusetts Child Support guidelines. The fact that you have four other children, with daycare needs and other expenses, will certainly be taken into consideration in calculating the amount owed.

I welcome you to contact our office if you would like to schedule an appointment or retain counsel in this matter. Good luck!

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Answered on 10/12/12, 6:30 am

Child support guidelines consider the income of each parent and the number of dependents each supports.

I recommend that you consult with a family law attorney IN ADVANCE of any paternity test results being returned by the Commonwealth. In our experience, the Department of Revenue tends to push for a financial calculation to be done the same day that the results come back and often people are unprepared to provide accurate and complete financial figures (to include detailed expenses), thus resulting in an overcharge for child support that will remain in place for a very long time.

In short, a few hours now could very well save you a few thousand dollars per year until the child reaches age 23.

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Answered on 10/12/12, 6:58 am


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