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Paternity Mediation - Massachusetts
Although Mediation is not utilized as much in Paternity cases, it can be just as useful as in Divorce cases. The issues that unwed parents face are essentially the same issues faced by Divorcing parents, and unwed parents don't have to resolve property or alimony disputes. Below we have provided answers to many of the common questions that we are asked regarding Paternity Mediation. If you would like more information please do not hesitate to call us at 508.655.5980 or e-mail us.
What is a Paternity case?
Paternity is short for a Complaint to Establish Paternity, which is the type of action in Massachusetts that we use to obtain a Court order defining who the Father of a child is and what rights and obligations the Father and Mother have with respect to the child. Depending on the facts of your case you might be required to file a Complaint for Support, Custody and Visitation instead of a Complaint to Establish Paternity. Both of these types of Complaints will be referred to as Paternity Complaints below.In either case, a Mediator can help you resolve the issues of custody and child support that need to be addressed.
What is the difference between a Complaint to Establish Paternity and a Complaint for Support, Custody and Visitation?
There are two different Complaints in Massachusetts that provide grounds upon which the Probate & Family Court can make decisions relating to the care and support of a child born out of wedlock. It is important that you file the correct Complaint depending on the circumstances in your case. Complaint to Establish Paternity:A Complaint to Establish Paternity is filed when the Father has not yet been adjudicated to be the Father of the child in question. This means that the Court has not yet recognized that the alleged Father is actually the legal Father of the child yet. Usually this is because the Father did not sign a Voluntary Acknowledgment of Paternity at the time of the baby's birth and was not placed on the baby's birth certificate.
Either parent can file a Complaint to Establish Paternity. Once the Father has been adjudicated to be the Father, either through a DNA test or by agreement of the parties, then the Court may make decisions regarding appropriate child support, child support arrears, and custody and visitation plans. If you have reach an Agreement in Mediation regarding child support and custody, but the Father has not yet been adjudicated to be the Father then you will need to file a Complaint to Establish Paternity with your Agreement.
Complaint for Support, Custody and Visitation
If the Father has already signed a Voluntary Acknowledgment of Paternity or otherwise been adjudicated by a Court to be the legal Father of the child, then there is no need to establish Paternity. Therefore the Court can move right to the issues of support, custody and visitation.
For this purpose the Court requires that you file a Complaint for Support, Custody and Visitation. Once filed the court may make decisions regarding appropriate child support, child support arrears, and custody and visitation plans.
How do I know if the Father signed a Voluntary Acknowledge of Paternity?
Usually if the Father has signed a Voluntary Acknowledgment then his name will appear on the birth certificate. You are required to file the birth certificate with the Court whether you are filing a Complaint to Establish Paternity or a Complaint for Support, Custody and Visitation.What if I have multiple children out of wedlock?
If you have multiple children out of wedlock, even if they are all with the same Father, you must file a separate Paternity Complaint for each child. If you have multiple children with the same Father, you can request that the Court consolidate the cases so that they can all be resolved at the same time.Are there Temporary Orders in Mediation?
Once a Paternity Complaint has been served, either party has the right to file a Motion with the Court, which is a written request that the Court Order that something happen in your case. These can include requests that the Court order a party to comply with discovery or requests that are specific to your unique situation. The Court's rulings on these requests are called Temporary Orders.In a Paternity Mediation you will not be attending court to seek Temporary Orders but you may still need to make certain temporary agreements that will allow you and the other parent to find a suitable temporary living situation while the paternity mediation is pending, including providing for how you will pay the child's bills, who the children will live with, etc. These are some of the types of issues you may need to resolve early in the mediation for it to be successful.
What is Discovery?
After the service of the Paternity Complaint and filing of the Answer, you are required to exchange certain information with the other parent in order to allow you both the ability to make informed decisions regarding the settlement of your case. In addition, if you are unable to reach a settlement of your case, the documents and information produced during discovery will make up the evidence that you will present to the Judge at a trial. This process of exchanging information is called Discovery.In a Paternity Mediation, you will still need to produce these documents to each other, but the production is a voluntary and cooperative process. In most cases, the same information, such as financial documentation will need to be disclosed to each other. Your Mediator can assist you by providing a list of the types of documents that you typically need to exchange to settle your case.
This process is very important because if you do not obtain enough information about the facts of your case, you will be unable to evaluate intelligently settlement proposals. For example, if you do not have information about the value and extent of the other parent's income, you will not know whether or not you are receiving an equitable child support order.
The goal of discovery is full disclosure of all assets, liabilities, income and expenses.
Do I have to fill out a Financial Statement (Supplemental Probate Court Rule 401)?
Supplemental Probate Court Rule 401 provides that, within 45 days after the date of service of the Summons, each party must serve on the other party a complete and accurate financial statement showing, insofar as possible, the assets, liabilities and current income and expenses of both parties and children involved in the case. In a Mediation, the same form should be completed and exchanged by the Parties to assist in preparing an informed settlement of the case. In addition, the Financial Statement of each party must be filed with the Court upon the completion of a settlement, in order for the Court to consider approving the settlement.The form of the financial statement which each party must complete is dependent upon his or her income. A party whose income equal or exceeds $75,000.00 must complete the long form financial statement. A party whose income is less than $75,000.00 must complete the short form financial statement.
You should immediately begin working on your Financial Statement and provide a draft copy to the other parent. It is very important that you complete this document accurately, and completely. The Financial Statements are signed under the pains and penalties of perjury. The consequences to lying or filing an incomplete Financial Statement are significant, and could include a Judge finding you to be an unreliable witness at trial (i.e. take all relevant testimony from the other parent only). In addition, if a settlement is reached in your case and it is later discovered that a particular fact was left off your Financial Statement, the settlement could be voided for fraud.
You should take particular care in completing your Financial Statement and err on the side of including everything. If you are not sure if something belongs on a Financial Statement you should consult with your attorney.
How much Child Support will I get?
How much Child Support will I pay?
Child Support is paid by the non-custodial parent to the custodial parent for the support of the children. Child Support is calculated using a formula called the Massachusetts Child Support Guidelines. The formula is presumptive, and Judges can only vary from the formula in specific circumstances. You should consult an attorney to discuss what facts in your case might warrant a variation from the formula.To view the formula and calculate your Child Support view ou Massachusetts Child Support Guidelines Worksheets click here.
Can I get past Child Support?
Will I have to pay past Child Support?
In a Divorce case, a custodial parent cannot receive any child support for time prior to the filing and service of the Complaint. This is because there is a presumption that the parents lived together and shared income until the case was filed. In a Paternity case there is no such presumption and a custodial parent can request child support arrears dating all the way back to the birth of the child.There are a number of factors that the Court can consider in determining the amount of and the appropriateness of a child support arrearage and you should consult with an attorney to discuss these factors, especially since this can often be a very significant amount of money. In Mediation, it is up to the parties whether they believe there should be child support arrears or not.
What is the required Parenting Course?
Under Standing Order 99-1 of the Probate & Family Court, if you have any minor children at the time of the filing of a divorce case, you are required to attend the Court-sponsored Parents Apart education program before you can present either a settlement of your case, or present your case for trial. Some Judges will also require that parents in a Paternity case take the course as well. A brochure which lists the names, addresses and telephone numbers of the various organizations that provide this program, in alphabetical order by town, is available by clicking here.If the Judge orders it in your case, you should immediately enroll in and attend this course because your case cannot end until you have completed the course, which consists of two 3 hour sessions. After completion of the program you will be provided with a golden Certificate of Completion, which you must provide to the Court. If you give this golden copy to your attorney, they can ensure that it is properly filed with the Court and this requirement fulfilled.
What if I was married but my child is not my Husband's?
What if the mother was married to someone else when she had my child?
In Massachusetts there is a presumption that a child born of a woman who is married or was married in the last three hundred days before the child's birth is the child of that woman's husband. This is a legal presumption and can be rebutted by evidence.If you are filing a Paternity Complaint and the mother was married at the time of the child's birth or in the last three hundred days before the child's birth, then the Court requires that you use a different form and include the Husband as a Defendant in the action. Usually a DNA test will be performed to confirm that the Husband is not the Father and then the action can proceed similar to any other Paternity action.
Click here to learn more about Child Support.
