Legal Question in Family Law in Massachusetts
Arrears if no support order
The mother of my son is now threatening to take me to court for child support for the past 14 years. I have supported my son but I did pay in cash for 1/3 to 1/2 of it and have no receipts for the cash payments. We were never married. Can I be ordered to pay child support in arrears for my son who was born out of wedlock in 1991 but no support order was ever established and I only signed the birth certificate with no notary present?
2 Answers from Attorneys
Re: Arrears if no support order
You acknowledged paternity when you signed the birth certificate and have been providing for your son for all of these years. However, it is important that you can prove the payments you made and that they were for support. Child support "enforcement" agencies are prone to tell you that all payments made without a court order are "gifts" and that you still owe support for all of those years. This is not true, and it is important that you know how and are prepared and able to navigate the agency and the courts.
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Re: Arrears if no support order
Unfortunately you may be held liable for all support payment, in accordance with the Child support guidelines for which you can't produce proof of payment. Retain an attorney who can help you find alternate methods to prove payments not evidenced by your receipts, all of which you should present to your attorney, in an orderly fashion. More importantly your atorney may be able to arrange a definitive paternity test to insure you are not supporting someone else's child.