Legal Question in Family Law in Massachusetts
Past due child support
I live in Massachusetts, I married a woman who was preganat by another man, we had a son, and another son who is mine, we stay married for ten years. We are now divorced since 1994. I lost my good paying job, I have fallen way behide in Child Support Payments to the tune of $22,000 so they said. I was put in jail in 2000, my case is still on going, I am told that I owe $15,000 now. In the Summer of 2002, my oldest boy (17) has find is ''real'' Father who has been livng in Texas, all these years. I need to no how I can get mychild support arrearages reduce in view on these new facts. I have stood as the childs father, I have paid child support for this child. Now this child is a man (18) and is moving to Texas.
2 Answers from Attorneys
Re: Past due child support
You probably cannot get a reduction in child support arrears. You should have filed for reduction when you first became unemployed (or shortly after). The paternity issue gets you nowhere in Mass.
Re: Past due child support
(1) File a Complaint for Modification of Support NUNC PRO TUNC, which means you want a reduction back to the time you got laid off from your job.
(2) Attorney Bilodeau is correct about Massachusetts and the attitude about paternity fraud.
HOWEVER, there is no reason you cannot file a Complaint for FRAUD against your ex-wife -- IF IF IF she has any money.
(3) Contact the Paternity Fraud groups on the Net. You just might find some help from those groups.
The likelihood of success is very small, but probably worth the shot. Speak to those groups. Educate yourself on the issue.
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