Legal Question in Family Law in Massachusetts

So a good friend of mine fell into some trouble and I want to know what's going to happen to him if this gets to far. So he got a girl pregnant, they're not together anything relationship like. He doesn't want to have this kid and wants to continue his life but she wants him to stay with her and care for the incomin kid. He threatened if she wouldn't give the kid up for adoption he'll move away, then she threatened back with going to court with child support raining down on him. What should he do? Should he run? Pay child support which he definitely can't pay? Run away to another state? Would he go to jail for abandonment?


Asked on 12/09/14, 8:01 pm

3 Answers from Attorneys

He cannot avoid paying child support if she has the baby. If he runs all he will do is delay the inevitable. If he does not want to st as y with the mother then don't. The minimum child support is $75 per week.

If he is not sure he is the father he can demand proof if his girlfriend files for child support.

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Answered on 12/09/14, 8:13 pm
Mildred Phillips Mildred N. Phillips, Attorney at Law

Your Question 1: So a good friend of mine fell into some trouble and I want to know what's going to happen to him if this gets to far. So he got a girl pregnant, they're not together anything relationship like. He doesn't want to have this kid and wants to continue his life but she wants him to stay with her and care for the incomin kid. He threatened if she wouldn't give the kid up for adoption he'll move away, then she threatened back with going to court with child support raining down on him. What should he do?

My Response 1: He has to take responsibility for his part in the pregnancy. The choice whether to give the child up for adoption depends on what the birth mother wants to do. If she does decide to keep the child, then he would be obligated for child support. If he does not voluntarily acknowledge paternity, then there must be hearing to establish paternity before Child Support can be ordered by the Court. Once he has been established as the father, he would be liable for Child Support pursuant to Child Support Guidelines.

Your Question 2: Should he run?

My Response 2: No. It does not matter what State that he moves to or runs to. If he has been established to be the child's father, he would be responsible for Child Support. He does not have to see the child if he does not want to. However, whether he wants to or not, he must pay Child Support. Child Support amount would be set based on his income and the income of the mother.

Your Question 3: Pay child support which he definitely can't pay?

My Response 3: Child Support would be determined based on his income. Generally, his obligation to pay Child Support would end when the child reaches age of maturity age, which is age 18, in Massachusetts. However, this time period can be extended if the child is going to school or if the child has special needs.

Your Question 4: Run away to another state?

My Response 4: That's not the answer. No matter what state that he runs to, the child's mother can try to enforce the Child Support Order there.

Your Question 5: Would he go to jail for abandonment?

My Response 5: If the Court orders him to pay Child Support, but he does not pay, he could be arrested for non-payment and put in jail until he comes up with the payment. However, he cannot be arrested and put in jail because he does not want anything to do with the child. The Court cannot force him to establish parent-child relationship with the child if he does not want to.

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Answered on 12/09/14, 9:43 pm
Bill Farias Law offices of Bill Farias

He should take responsibility and assist with the child. He'll end up being tracked down for child support anyway if he tries to run.

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Answered on 12/10/14, 3:55 am


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