The child is 15 years old and I am not sure if I am the father.since he was born, whenever we had arguments she would state that I am not the father. I don't know why I waited so long but a paternity test is being obtained however if I am not the father of the child do I have to continue to pay childsupport and if not do I have to pay the support that is owed? I am a resident of Massachusetts, do anyone know the laws?

You must establish paternity . If you are the father you must prove it and pay child support. If you are not , you are not obligated if you are both not married.

you must establish paternity . If you are the father you must prove it and pay child support. If you are not , you are not obligated if you are both not married.


Again, you are legally incorrect. This varies by State. "GV" is the expert and has addressed this many times.

Please -this is a legal forum. Don't guess at the answers.

I am asking "GV" to answer because he has done all the research - and knows his stuff!

Were you married when the child was born? Have you divorced? Has any court actions over support, custody etc. Are you on the birth certificate or been declared the legal father or signed an acknowledgment of paternity?

If you are the legal father then it may be too late to challenge paternity. Whether MA laws apply depends on the answers to my questions. Please use the Answer options below (not Comments) to post follow-up info or questions.

you must establish paternity . If you are the father you must prove it and pay child support. If you are not , you are not obligated if you are both not married.

You are new here but already have posted two of your 3 posts that are inaccurate or incorrect. This site takes pride in the quality of the advice given here. Please don't guess at answers and make sure you can back up what you post with actual laws or facts.

No I was never maried to her, I never signed the birth certificate or any other documment. The child support was ordered because she receives help from the state. I have been in the child's life on and off but I do not live in the same state. I was born and raised in nyc and I have always resided there. The mother has been a life long resident of Massachusetts. My father has lived in MA, for a while and as a teenager I would come and visit him for the summer. I was 19 when the child was conceived. Although I have always had doubts I never pursued a paternity test I just went with the flow. I am not sure how much is owed in back child support but my licence has been revoked and I need to get it back in order.I know the steps to take I just want to know that if it is proven that I am NOT the father, can I go to court and get the support order removed?

No I was never maried to her, I never signed the birth certificate or any other documment. The child support was ordered because she receives help from the state
Thus I assume you were ordered to pay CS by default.

CHAPTER 209C
CHILDREN BORN OUT OF WEDLOCK
Section 5
Persons entitled to maintain actions or execute voluntary acknowledgment of parentage; parties

(d) The IV-D agency as set forth in chapter 119A on behalf of the department of transitional assistance, the department of children and families, the division of medical assistance or any other public assistance program may not file complaints solely for custody or visitation, but shall be permitted to file actions for paternity or support; provided, however, that said IV-D agency shall be permitted to maintain an action for paternity or support even if issues related to custody or visitation are raised.



In Re Paternity of Cheryl, a baby was born in 1993. The mother was receiving public assistance and was required to cooperate in establishing paternity and pursuing support.83 She named the father, and the state child support agency contacted him. He was offered pre-paid genetic tests, but instead, he signed a voluntary paternity acknowledgment. Based on the acknowledgment, a paternity judgment was entered and a support order issued. He paid support and formed a close
Relationship with the child. In 1999, the child support agency sought an increase in support, and he countered with a Rule 60(B) motion requesting genetic testing and to have the paternity order set aside. This motion was denied. The father then had the child tested (during visitation and without the mother’s consent) and the results established that he was not the biological father. Armed with the test results, he filed a second Rule 60(B)
Motion. This time, the court ordered tests and granted relief.
On appeal, the Supreme Judicial Court of Massachusetts noted that to prevail under any one of the first three sections of Rule 60(B), the father would have had to move for relief within one year of the judgment. Since he had not done so, he could not use any one of these three provisions. However, had he filed in a timely fashion, he might have
Been successful. The Court then discussed whether Rules 60(B)(5) or 60 (B)(6) might be applicable since they are not limited by a specific time frame, but only require that the motion be filed within a “reasonable time.” To prevail under these provisions, the
Father would have had to act with reasonable speed after discovering that he might not be the child’s father. On the facts of the case, the court determined that this father had not done so. At least three and one-half years elapsed between the time the father had reason to suspect he might not be the biological father and the time he acted. During this time he had continued his relationship with the child, had enjoyed her love and companionship and she had come to “know and rely on him as her father.” Under these circumstances, his motion was not timely.

T do I have to pay the support that is owed? I am a resident of massachusetts, do anyone know the laws?

Yes,you have to pay ;)

Based on what you have told us and the info cited by GV70. It would appear you do will have to pay.

When she applied for state assistance she had to name the father. She named you and you had to have been given the opportunity to take a paternity test. You may not remember all the paperwork your were given, but it is highly unlikely that they just took her word for it. So you, in effect, acknowledged paternity. I'm betting you signed something to that effect.

You had the opportunity to fight it and you didn't. So you are now the legal father. Regardless of biology, its too late to fight it so you will remain the legal father. That also means that any support orders issued remain in effect and you owe that money past, present and future.

Sorry, but you made some poor decisions and now you have to live with them.

When was this order created? If its brand new then there may be some room to fight it having discovered the facts as new.

If the case has been established and is an old one then as stated there may be no room to overturn a default judgement as it sounds like you didn't appear in court at the time it occurred.