Raising a child is a significant financial responsibility, and when parents are not married, it is important to understand their legal rights and obligations regarding child support. In Massachusetts, both parents are legally required to support their child, regardless of their marital status. Whether the parents were in a long-term relationship that has since ended or never intended to stay together, the child has a right to financial support. This article will discuss how unmarried parents can establish paternity, seek child support, and ensure their child’s financial needs are met.
Establishing Paternity in Massachusetts
Before a parent can seek child support, paternity must be established if the parents were not married at the time of the child’s birth. Establishing paternity ensures that the child has a legal father, which is necessary for enforcing child support obligations.
There are three primary ways to establish paternity in Massachusetts:
- Voluntary Acknowledgment of Paternity (VAP) – Both parents can sign a Voluntary Acknowledgment of Paternity form at the hospital or later at a local Registry of Vital Records. This legally establishes the father’s identity.
- Court-Ordered Paternity Test – If paternity is disputed, the mother or presumed father can request a DNA test through the Probate and Family Court to determine biological parentage.
- Presumption of Paternity – In some cases, if the father has lived with and openly acknowledged the child, the court may presume paternity even without formal documentation.
Once paternity is legally established, the custodial parent can move forward with seeking child support.
Child Support Obligations in Massachusetts
In Massachusetts, child support is determined based on the state’s Child Support Guidelines, which consider several factors, including:
- Each parent’s income and financial resources.
- The number of children involved.
- Parenting time (which parent has primary physical custody).
- Additional expenses such as health insurance, childcare, and education costs.
The non-custodial parent (the parent who does not have primary physical custody) is generally required to pay monthly child support to help cover the child’s living expenses. Even if parents were never married, the law ensures that both contribute to their child’s well-being.
How to File for Child Support
To obtain child support, the custodial parent can file a Complaint for Support in Massachusetts Probate and Family Court. If paternity is already established, the court will calculate child support based on the Massachusetts Child Support Guidelines.
The Massachusetts Department of Revenue (DOR) can also assist in enforcing child support payments by:
- Withholding wages from the paying parent’s employer.
- Intercepting tax refunds if child support is overdue.
- Placing liens on property or bank accounts.
If a parent refuses to pay or falls behind on payments, the court can take legal action to enforce the child support order.
Additional Considerations: Modifying Child Support
Child support orders are not set in stone. If either parent experiences a significant change in financial circumstances (such as job loss, medical issues, or increased expenses for the child), they may petition the court for a modification of child support.
A court may approve a modification request if:
- The paying parent’s income has increased or decreased significantly.
- The child’s financial needs have changed (e.g., medical conditions or educational costs).
- The custodial parent’s financial situation has substantially shifted.
It is important to work with a Massachusetts family law attorney to properly file a Modification of Child Support request.
Get Legal Guidance for Child Support in Massachusetts
Unmarried parents have legal rights when it comes to seeking financial support for their child. Massachusetts law ensures that both parents share the responsibility of raising their child, even if they were never married. If you need assistance with child support, paternity, or financial support matters, contact me today at (508) 752-2727 to set up a consultation to discuss your child’s rights and secure the financial support they deserve.
