What do i do? i have been brought to court for the first time about child support I've never dealt in this situation before.

Asked over 1 year ago - Pepperell, MA

i am 21 and have twins i am willing to pay the child support but don't want to get screwed over in the end and i want to be able to make sure that all the payments are going to just my children and what do i do because i do not currently have a job and don't want to go to jail for not paying.

Attorney answers (5)

  1. Joshua N Robbins

    Pro

    Contributor Level 16

    6

    Lawyers agree

    Answered . Meet with an attorney for a consult. If you have limited resources meet with someone who offers limited assistance representation.

    Address this early on before child support arrears accumulate.

    I wish you all the best.

    LEGAL DISCLAIMER: I am licensed to practice law in the Commonwealth of Massachusetts and have an office in Waltham.... more
  2. Catherine Taylor

    Contributor Level 13

    4

    Lawyers agree

    Answered . I am sorry you are dealing with this difficult situation. If there is a current order for child support and you are have not made payments, you may be found in contempt. If your income is now lower than it was when the order was entered, you may be eligible for a modification based on your new income. However, if the court finds that you are willfully unemployed or underemployed, income may be attributed to you in calculating the amount of child support. I suggest you contact an attorney to assist you with this - as my colleague noted, you may be able to accomplish this with an attorney who offers limited assistance representation. Good luck.

    This is intended for general informational purposes only and does not constitute legal advice. The content of this... more
  3. Philip W. Mason

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . You need to retain counsel for either full representation or on a limited basis. If you can’t afford either visit the lawyer for a day desk at the probate court for free advice (clerk can direct you. The amount you pay will be determined by application of the child support guidelines to your income (or attributed income) and the mother’s. Generally, the minimum support payment is $88.00 per month.

    While you are in court you should try to formalize you custody status and visitation schedule.

    As far as determining that the payments are spent on you children, the presumption s that the mother is making the right decisions – you would have to allege and prove otherwise

    This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an... more
  4. Henry Lebensbaum

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Consult a lawyer or the lawyer of the day in the probate and family
    court.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  5. Melissa Anne Levine-Piro

    Contributor Level 14

    Answered . You should definitely meet with an attorney to discuss and to figure out what your estimated child support will be under the MA child support guidelines. You can hire an attorney to represent you through the whole process or if money is an issue then I recommend hiring someone on a limited assistance representation basis. Best of luck.

    Melissa Levine
    Levine and Piro, Attorneys at Law
    Maynard, MA 01754
    www.levinepirolaw.com

    Melissa Levine is a licensed attorney in Massachusetts. All answers are based on Massachusetts law and should not... more

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