Legal Question in Family Law in Massachusetts

First I would contact an attorney in your area. You could start by seeking a contempt for non-payment of child support and file a petition to change the child's name. Your ex mightbe willing to make a deal regarding back child support for agreeing to the change of name.

Does your future husband want your daughter to change her name or does your future husband want to adopt your daughter? if he wants to adopt your daughter and the ex agrees or does not object, then your ex no longer has child support obligations and your daughter has a father not a step father.

I hate to be negative, but if divorce your new husband will you want to change her name again. I would think carefully about changing the name, not due to the legalities involved but you do not want your child to go through life with several different last names. If you change it now, she should keep it until she is an adult unless there is an important reason to change it.

You can not do so w/o his consent because she is his daughter too and you have an obligation for her benefit to try to get him to live up to his responsiblity to support her finacially and emotionally to the extent possible before dismissing him out of convenience. If, after all your best efforts, including filing a contempt action against him in Florida, if necessary, have failed, you have two options, the first would be to file a change of name petition with notice to him, to which he can either agree or object. But it would be wrong to extort him into giving up his rights to be a part of his daughter's life depriving her of knowing him, in exchange for his agreeing to a change of name or to "buy out" his rights in exchange for your not pursuing child support which is her right, not yours, to bargain away. The second alternative would be for your future husband to join with you in a petition for him to adopt her which also would require her father being notified to either object or consent, and should not be "sold" to him in exchange for his being relieved of his obligation to support her financially and emotionally. She has his genes and should have the opportunity to know him, if only for her own medical history needs. When she grows up and can make her own decisions, I am sure you want her to be able to agree that whatever decisions you make now were guided by her best interest and not your own. Good Luck!