kraaziel
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This is such an odd situation. My husband was just recently contacted by a woman from high school who had a baby. They had a very brief encounter in their teens and she was also with many others. (3 kids all different dads) so When she found out she was pregnant my husband talked to her and she told him it was not his and then she moved in with her then boyfriend. My husband moved away...only about 20 miles or so from her.
So here we are now and the child is 16. My husband gets a message on facebook saying that he is this girl's father and that she is coming after him for whatever she can get.
Over the weekend we got the papers from MA Child Support saying she is seeking Paternity, Medical payments, Support and back support. He is scared. We have 3 kids of our own and even though we are almost certain this poor girl isn't his, there is a chance. There is no resemblance at all but still that isn't enough.
Can she legally go after him for 16 years back support after telling him the baby wasn't his and then never contacting him? If she is his daughter can he file charges against this woman for robbing them of the chance of having a bond, spending that 16 years involved in each other lives? This just isn't fair and it is eating him up. Not sure how long it takes for the court to request him to get a test but I hope it will be soon.
Any thoughts?
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googledad
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Can she legally go after him for 16 years back support after telling him the baby wasn't his and then never contacting him?
>>>>>>>>> Possibly , Mass. has no limitations on retroactive support .
If she is his daughter can he file charges against this woman for robbing them of the chance of having a bond, spending that 16 years involved in each other lives?
>>>>>>>>>>> No .
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kraaziel
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Does anyone know how the paternity test works? How long does it take the court to order it from the time they notify you that someone is looking to have you tested? Do you go to the court to have it done and how long does it take for the results? How much will it cost?
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Debi
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If you are close by then you will probably have it done at the courthouse or a lab specified by them. There is usually no cost to the potential father unless he turns out to be the actual father. Then it's usually around 100.00. There will more than likely be a court date befoer he is ordered to get the test done and he will be told the time frame in which he as to do it at that time. The results can take a couple of weeks to a month depending on where they send the samples to have them tested.
No he can't sue her because she lied. I'd suggest an attorney for sure. If he is the father he will most definitely have to pay from here forward but I'd fight back support and certainly all the way back 16 years. In my state you can't get back support of more than 2 months.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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Shook
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I'm from MA and I could tell you its from here forward.
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googledad
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No .
Chapter 209C: Section 9. Judgment or order for support; health insurance; financial statement; determination of amount; notice
Section 9. (a) If the court finds that a parent is chargeable with the support of a child, the court shall make an order in accordance with subsection (c) requiring a parent to pay weekly or at other fixed periods a sum for and toward the current support and maintenance of such child. The court may make appropriate orders of maintenance, support and education for any child who has attained age eighteen but who has not attained age twenty-one, who is domiciled in the home of a parent and is principally dependent upon said parent for maintenance. The court may make appropriate orders of maintenance, support and education for any child who has attained age twenty-one but who has not attained age twenty-three if such child is domiciled in the home of a parent, and is principally dependent upon said parent for maintenance due to the enrollment of such child in an educational program, excluding educational costs beyond an undergraduate degree. Upon the petition of a party, the court shall also order past support for the period from the birth of the child to the entry of the order, taking into consideration the parent's ability to pay under subsection (c) and any support provided by the parent during such period. An order or judgment of support pursuant to this chapter shall be entered notwithstanding the default of the defendant or his failure to appear personally upon a showing that notice was served in accordance with the applicable rules of court. For good cause shown, the court may set aside an entry of default and, if a judgment has been entered, may likewise set it aside in accordance with rule 60(b) of the Massachusetts Rules of Domestic Relations Procedure. When the court makes an order or judgment for maintenance or support of a child, said court shall determine whether the obligor under such order or judgment has health insurance or other health coverage available to him through an employer or organization or has health insurance or other health coverage available to him at reasonable cost that may be extended to cover the child for whom support is ordered. When said court has determined that the obligor has such insurance or coverage available to him, said court shall include in the support judgment or order a requirement that the obligor exercise the option of additional coverage in favor of the child or obtain coverage for the child. An order may be entered requiring a parent chargeable with support to reimburse the mother or the department of transitional assistance or the division of medical assistance or division of health care finance and policy for medical expenses attributable to the child or associated with childbirth or resulting from the pregnancy.
Mass. General Laws .
The important part :
Upon the petition of a party, the court shall also order past support for the period from the birth of the child to the entry of the order, taking into consideration the parent's ability to pay under subsection (c) and any support provided by the parent during such period.
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kraaziel
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Thank you everyone for your help. I am fairly certain this won't go beyond the paternity test but there is always that chance that it might.
So Shook, really? She can't go for 16 years back support like she has threatened in her emails? That would really ease my nerves a lot.
Thank you everyone!
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javajunkiee
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googledad posted the relevant section of Mass. law that says Yes, she can request support back to the date of birth.
Whether she gets it or not is dependent on the ability of your husband to pay.
He needs a lawyer - pronto. Don't leave it to chance.
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Marriage doesn't come with a money-back guarantee.
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Shook
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kraaziel
Base on my past experience in MA with my oldest child who is now 17, the judge will 99% of the time make a order from here forward, which will be the next day. Cases are heard on thursday, so Friday the order goes into effect.
That 1% is for the filthy rich dead beats.
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googledad
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I'd assume it would go something like this :
w ww.hgoldstein.com/cases/Omeara-v-Doherty.htm
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