Legal Question in Family Law in Massachusetts
Child Support
I was wondering if you could help answer a couple of questions. My fiance was asked to take a paternity test five years ago and he did. He never heard anything back. Five years later the mother is sayingthat the child is his and she wants back pay. We are willing to pay but want to know our rights.
1. Do we owe back pay if no one has ever contacted us?
2. How will child support affect me as his fiance? Will she be about to touch my income?
Thanks!
2 Answers from Attorneys
Paternty and Child Support
Someone who asked him to take the paternity test must have the results. His first goal is to track down the results.
If he is indeed the father, he can be required to pay back support, and the support should not touch your earnings.
If you have more questions, contact or call me.
Re: Child Support
I suppose the first question that needs to be answered is whether the child is the offspring of your fiance. A paternity test was taken 5 years ago and no results were reported. That sounds fishy. I would insist upon seeing the results of that test. No payments for child suuport should be made until the paternity issue has been resolved. I doubt that the test used involved DNA analysis.
Assuming paternity has been established, the amount of child support will be determined by calculating your fiance's and the mother's income. Your income will not be an issue. As to retroactive application of child support, I do not think so because there was no order in effect.