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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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In Massachusetts, can someone be forced to pay back child support

Customer Question

In Massachusetts, can someone be forced to pay back child support or "retroactive" child support, if they never signed the birth certificate or no DNA test was ever done?
Submitted: 7 months ago.
Category: Family Law
Expert:  Samuel II replied 7 months ago.
Hello​This is Samuel and I will provide you information in this regard.If it can be proved that the Father knew or should have known they were the biological parent, the court can order it retroactive. However, without a paternity test and if they are not listed on the birth certificate the child support will run from the date of filing and not the date of birth. Now, if it can be proved that the Father knew or should have known, the court can consider bringing it back to the date of birth.
Expert:  Samuel II replied 7 months ago.
Proving that the Father knew or should have known is not easy unless there is evidence that the Father was making some sort of payments or contributed financially to the child because they knew or suspected the child was theirs. Of course, only a paternity test can prove one way or the other with any degree of certainty.

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