Legal Question in Family Law in Massachusetts
Child Support issues
A friend of mine has fathered a child with his ex-girlfriend, she did not tell him that she was no longer useing birthcontrol and so he did not think any other birthcontrol was nessisary. When she told him that she was pregnant she told him that if this was his child she did not want his money nor did she want him to be a parent to her child. When the child was born he was not put on the birth certificate, and after a paternity test it is certain that he is the father. Now he has to pay child support to a child who he belives he was used to create and for whom the mother already said she does not want money for. Is there any way that he can stop having to pay child support? Can the mother possibly appeal the courts to exempt him from having to pay child support?
3 Answers from Attorneys
Re: Child Support issues
If the mother or child is receiving any from of aid from federal or state sources the mother has no say in the matter. If the mother can demonstrate she can adequetly support the child there is some chance a judge may except a waiver however the mother must have substantial resources. Also a father can surrender his rights to an adoption proceeding. I urge that the father seek legal advise since there are complex issues of support and custody
Re: Child Support issues
Child support is for the child, not the mother. It is paid to the custodial parent for use in supporting the child. Theoretically, you could get an attorney appointed to represent the child, and then if you could convince that attorney that it was in the best interest of the child, a Court could waive child support. You have a better chance of finding a snowball in H**L, in my humble judgement.
If the Mother is bent on supporting the child herself, nothing prevents her from writing a check in the amount of child support each week, and sending it to the father. The IRS will take a piece in taxes, but the two could simply "hand the money back", and no one can prevent that.
Re: Child Support issues
No court will exempt him him, nor can he stop the process of paying child support;
Child support is deemed as the Ccourt protecting the child, something that the mother cannot agree to waive;
Let's say that she does not go to Court & press the issue, this is like a time bomb that sometime in the future, she or the child can return to court.
He should certainly seek the advice of counsel at this stage.
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