Obligor in Massachusetts..

[Mark F.]

What is the name of your state? I am from Massachusetts and so is my daughter and daughters' mother. I have just recently been ordered a 'Domestic Relations Summons' to appear in Probate Court for the first time in my daughters life ( she's now 15 yrs old). Up until this time in my daughters life..its been a verbal financial/visitation agreement between us. I have always been apart of my daughters life and even though I was incarcerated for the first 3 years of her life and have always been in contact with my child spending time with her. Also, my childs mother took my daughter out -of- state for 2+years without my consent while I was in a rehab program and there was nothing I could do. I am presently not employed and haven't been for 18 months now due to a back injury with my former employer and had a workers compensation settlement in July of 2004. I have just recently started the job search process and have a court appearance on Dec. 9th 2004. My question are: Can my daughters mother pursue back support even though no orders were set in the past? Can she pursue back support for the time I was incarcerated and when she left the state??? And what can I expect in my situation of not being employed at this present time??

 

[king sol]

Child support can be made retroactive only to the date the case was filed with the court (back a year in CA for welfare cases). You will most likely be ordered to pay support on your ability to pay and not on actual income. Unless you become employed, then it will be based on you earnings.