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Thursday, August 22, 2013

Summer Lovin' Series: How do I get a paternity test?

Summer is finally here.  The air is humid, the sunblock is out, and it's finally time for vacations and school break.  But enjoying summer too much has its consequences.  Our Summer Lovin' series is about those consequences for Unmarried Parents in Massachusetts:

Summer Lovin' Series #10: How do I get a paternity test?

If the presumed father denies that he is the father of a child born to an unmarried mother, then DOR can perform a DNA parentage test if the mother requests DOR services.  If the mother or DOR has filed a complaint seeking child support from the father, and the father disputes paternity, then the father can file a Motion requesting that the court order a DNA test.

This usually takes 6-8 weeks, and can be required by the court if the presumed father or the mother refuses to participate.

You can also obtain a private test which is usually faster but will likely cost approximately $600.

For more information visit our webpage devoted specifically to information for unmarried parents.

Wednesday, August 14, 2013

Summer Lovin' Series: What happens if one parent wants full custody of a child born out of wedlock?

Summer is finally here.  The air is humid, the sunblock is out, and it's finally time for vacations and school break.  But enjoying summer too much has its consequences.  Our Summer Lovin' series is about those consequences for Unmarried Parents in Massachusetts:

Summer Lovin' Series #9: What happens if I want full custody of a child born out of wedlock?

Unmarried mothers in Massachusetts are presumed to be the sole legal and physical custodian of a child without going to court.  If the father requests it, the court can order that either party have sole legal or physical custody or that the parties share legal or physical custody depending on your specific circumstances.

However, "full custody" is somewhat of a myth, because unless the other parent is unfit they will still be involved in the child's life to some extent.

While sole legal custody allows one parent to make major decisions, sole physical custody does not mean the child is always with one parent.  Sole physical custody typically means that one parent has the child two thirds of the time or more, and the other parent has time with the child one third of the time or less.  Often these labels are less important than working out a practical parenting plan.

For more information visit our webpage devoted specifically to information for unmarried parents.


Wednesday, August 7, 2013

Summer Lovin' Series:The DOR is requesting past child support. Can they do that?

Summer is finally here.  The air is humid, the sunblock is out, and it's finally time for vacations and school break.  But enjoying summer too much has its consequences.  Our Summer Lovin' series is about those consequences for Unmarried Parents in Massachusetts:

Summer Lovin' Series #8: The DOR is requesting past child support.  Can they do that?

In a Divorce case, a custodial parent cannot receive any child support for time prior to the filing and service of the Complaint. This is because there is a presumption that the parents lived together and shared income until the case was filed.

In a Paternity case there is no such presumption and DOR or a custodial parent can request child support arrears dating all the way back to the birth of the child. There are a number of factors that the Court can consider in determining the amount of and the appropriateness of a child support arrearage and you should consult with an attorney to discuss these factors, especially since this can often be a very significant amount of money.
 
Kelsey & Trask, P.C. is now offering flat fee representation at DOR support hearings for a flat fee of $750 in most cases.  For teen parents under the age of 18, Kelsey & Trask, P.C. offers free representation for DOR support hearings.

For more information visit our webpage devoted specifically to DOR hearings.


Thursday, August 1, 2013

Summer Lovin' Series: How much Child Support can DOR collect?

Summer is finally here.  The air is humid, the sunblock is out, and it's finally time for vacations and school break.  But enjoying summer too much has its consequences.  Our Summer Lovin' series is about those consequences for Unmarried Parents in Massachusetts:

Summer Lovin' Series #7: How much Child Support can DOR collect?

Child Support is calculated using a formula called the Massachusetts Child Support Guidelines. The formula is presumptive, and Judges can only vary from the formula in specific circumstances. You should consult an attorney to discuss what facts in your case might warrant a variation from the formula.

To view the formula and calculate your Child Support view our Massachusetts Child Support Guidelines Calculator.

Kelsey & Trask, P.C. is now offering flat fee representation at DOR support hearings for a flat fee of $750 in most cases.  For teen parents under the age of 18, Kelsey & Trask, P.C. offers free representation for DOR support hearings.

For more information visit our webpage devoted specifically to DOR hearings.

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