Legal Question in Family Law in Massachusetts

I signed a separation agreement in Ontario in 1996, for support payments , for a child that I had with a girlfriend in 1995. I don't think the agreement was ever filed in court for the past 14 years. The woman disappeared 14 years ago with the child , breaching the agreement, and I had no idea where they were for 14 years until 5 weeks ago. Now she is asking for arrears accumulated over 14 years, and an increase in support payment. She has full custody. She removed my last name from the child's name in 1996. She did not want me to have anything to do with the child all this time. I never heard from her for 14 years although she was fully aware of where I worked.
She now says she will get my passport taken if I don't pay the arrears and increase the support payments immediately. They currently live in Vancouver. Can she file a separation agreement that meant nothing to her for 14 years and collect arrears now through FMEP ? Any chance to cancel the arrears? I live in MA, US, and have been married for 10 years with 2 children. I am a US citizen. Would the court in Vancouver take into consideration the fact that I have a family with two children to support when the increase in support payment is considered?

Asked on 4/20/10, 8:07 am

2 Answers from Attorneys

Suzana Urukalo Kajko, Weisman & Colasanti, LLP

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The decision to increase your child support would depend on British Columbia's laws with regards to child support. Massachusetts does not have jurisdiction over the matter, therefore you would be best served by contacting an attorney in British Columbia.

Thank you and Good Luck!

Answered on 4/25/10, 7:40 pm

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