Legal Question in Family Law in Massachusetts

I have 2 children with a man who is paying child support to his ex-wife. The man makes 60k per year and the ex-wife makes about the same. The court ordered him to pay her $1200 per month for 2 children a 16 year old and a 22 year old who has a child and is collecting welfare. I called the court because I have a 2 year old and a 3 year old. I don't work and have no source of income aside food stamps and live with my parents. I was told that I could not get support because he is already paying to someone else. Is this true? Also my children get MassHealth and I had to sign a form where they have a right to go after the father. Is that true as well?


Asked on 9/15/10, 9:22 pm

1 Answer from Attorneys

Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Hello,

No that is not true. Even if the father of your children has an existing child support order for his other children, he will still be responsible for your children as well. According to the Massachusetts child support guidelines, his gross weekly income minus his weekly child support payments to his other children will be what your child support would be based on.

I suggest you consult with an attorney. If you are interested in a free consultation please contact me at (978) 276-0777 or via email at [email protected].

Thank you,

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Answered on 9/20/10, 9:32 pm


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