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 d...

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 alw...

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 fa...

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 represe...

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 #6: How long can DOR collect child support for? In Massachusetts, child support can continue until the child is twenty-three (23). Except for the absolute maximum of age twenty-three (23), child support does not end upon a specific age but rather when the child becomes "emancipated." Emancipation in Massachusetts is defined in M.G.L. ch. 208 s. 28 . In basic terms child support in Massachusetts stops when the child turns age: 18, unless the child is still principally dependent on the custodial parent (i.e. the child is no longer principally dependent if they've moved out of the home, except for college, is employed full time, is married, of has joined the militar...

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 #5: Why is the DOR taking me to Court for Child Support? The Department of Revenue (DOR) files child support complaints on behalf of parents when they request it or when they receive services from the Department of Transitional Assistance. DOR hearings typically result in child support judgments, which can last as long as 23 years.  It's important to have representation at this hearing so that the agreements or judgments that are reached are fair to both the parents and the child. DOR Hearings do not typically include custody and parenting plan negotiations.  Usually a separate Complaint is required to resolve parenting and custody issues, though sometimes they c...

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 #4: How do Unmarried Parents pay for their Child's Expenses? There are many expenses involved in raising a child, starting with the costs of pregnancy and continuing all the way through college.  When unmarried parents can't agree on how they will divide their child's expenses, then the court can make certain orders regarding support. The court can order parents to pay child support, extracurricular activities, health insurance, uninsured medical costs, birthing and pregnancy costs, and even education and college expenses. Child Support is typically paid by the non-custodial parent to the custodial parent for the support of the child. To obtain a court order fo...