Legal Question in Family Law in Massachusetts
Adjudication
A woman that I was dating for a time in 94 became pregnant and told me I was the father. The child was born in 95 and my name was placed on the birth cert. as being the father, although there were doubts, as she was with at least 1-2 other men during that time I later found out, I began paying her child support in the $ amount that we agreed upon. In Jan. of this year, the Dept of Rev. sent me a letter asking me to come in, which I did and I took the DNA marker test. This all came about, I found out, because in addition to my paying her child support, she was receiving payments from the Dept of Welfare,as well, for this child. Since then, they have scheduled several appts for her to come in with the child to have the DNA test done & to this date she has never shown up for the testing. I have not been adjudicated by the courts as being the father of this child. If, I am found to be the father of the child and I have not been paying whatever the D.O.R. figures the amount should be, will I be held responsible for back child support and should I continue to pay this amount voluntarily until either I am adjudicated as the father or found to not be the father????
Thanks for any information that you can provide..
1 Answer from Attorneys
Re: Adjudication
Too many questions still to be answered to give you a proper answer.
In any case, I hope you've kept a record of your payments to her.
And always check the numbers DOR gives you. That dept is not noted for its accurate accounting.
Do not continue voluntary payments if the child is not yours and if you've not established any relationship with the child.
Without a court order, you cannot be found in contempt. Then your argument will be only with DOR should they come after you.
Have you discussed any of this with DOR?