Legal Question in Family Law in Massachusetts
I am still waiting to get a court date assigned to my case from the MA Court systems. But, in the mean time, I am wondering if it is actually worth it to seek child support for my daughter (3), from her father (who I never married, but is on the birth certificate & whom she see) who is not capable of providing much financial assistance. He has a very limited income (he give me ~$100 a month for her right now), still lives with his parents, doesn't have a real job, and is not capable of caring for her on his own. My concern is that I don't want the court to order shared custody (physical or legal) with him. My husband and I can afford her on our own, and do not want rights granted to him by an outsider.
1 Answer from Attorneys
I'm not sure exactly what you are asking, but you seem concerned that he may be entitled to additional rights if you pursue child support. That should not be the case. As to whether he will attempt to pursue such "rights", you would be in the best position to answer that.
The child support guidelines in Massachusetts are very clear, with regard to the calculations of appropriate payment amounts. If he is currently paying you approximately $100.00 per month and has no discernible income, then he may be paying at the level which would be required were you to pursue this in court. You do not say what specifically you are awaiting a court date for, since this is not a divorce matter.
You may want to decide what specifically your goal is or what your goals are in order to decide what to pursue in court.
Good luck.
Sincerely,
Sue-Ellen Kresh
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