Legal Question in Family Law in Massachusetts

Hi, umm I've been summon to court to pay child support from the mother of our child and i have been supporting my child ever since our child was born. After the break up, we decided to share custody where i get our child for about 3 days and a half and so she also get 3 days a half. But we had an argument where she only let me take our child only for 3 days. How would a father win a case where he don't have to pay child support? Would i win if i told the judge that i want my same amount of days back that i use to have her and told them i've been supporting my child ever since she was born and will continue to do so now and in the future, like paying half of everything such as tuition, clothes for school, anything she needs in the future,Would that help?


Asked on 5/15/11, 1:00 pm

2 Answers from Attorneys
Wyckoff Nissenbaum The Law Office of Wyckoff Nissenbaum

Child support is based on guidelines. It is hard to avoid the court ordering child support. What you can do is be prepared to tell the judge about your request for visitation and why the child support guidelines should be calculated based on split visitation.

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Answered on 5/15/11, 6:03 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

I'm not sure what you mean by "win". The court will make an award of custody, visitation, and support. Child support is based on the Massachusetts child support guidelines. You may certainly request that the court order a custody and visitation schedule similar to what you had recently been doing with the other parent. If you can, try to work out a solution with the other parent for presentment to the court. If you would like some legal assistance in presenting your case to the court, please feel free to contact our office.

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Answered on 5/15/11, 7:09 pm


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