Legal Question in Family Law in Massachusetts
My ex wife signed over custody of our 16 year old son in January after dropping him off at my home October 2009. 1) we have a court date for child support - will she be ordered to pay? 2) Can I get back pay from the day he moved in with me?
I have a temporary order of custody. 1) What can take custody away from me. 2) Why do I have to go back to court for full custody if she signed him over
2 Answers from Attorneys
You have to go back to court to get full custody because the court has to approve it.
You are entitled to child support and it will be based on statutory calculations. The coust will look at the condition of the child and since your son is 16 will take into consideration his preferences. At this stage unless your son is in some kind of trouble or your ex is trying to get custody back, it is unlikely custody will be changed. Courts cannot charge retro-active child support. If you do not have an attorney, you might want to at least consult with one in advane.
A change in circumstances can change the custodial equation.
You can only get child support from the date of the filing of the Complaint, and only if you ask.
Call me with any questions at 978-749-3606.
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