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  1. #1
    Join Date
    Nov 2010
    Posts
    1

    Default Signed Away Rights, but Child's Mother's Lawyer Didn't Notify Dept. of Revenue

    My question involves child support in the State of: Massachusetts.

    In 2000 I had a child with a woman, who decided to leave me. We went to court over visitation and support for 9 months. Within that time she got married and became pregnant. I later was told that she had discovered a way to not letme see the child. First she had visitation moved to area 60 miles away. Then her Lawyer recieved arrest warrant from Prob. Judge for non payment of 360.00. They hired a Deputy to serve me. I discovered this and met the Deputy at the Probate court. He informed me that I now owed him 300.00 for his service, and also 360.00 for back support. I asked him what would happen because I didn't have any money. He said "we will put you in jail and then let you out...until you pay."

    The attourney for my X leaned over and said, "If you sign this , I will make it all go away!" I signed the paerwork, he spoke to the Judge, I was then released. The Attourney told me I would be signing away all legal rights for visitation , and the responsibility of financial support. I did recieve a copy of the paperwork, but this was destroyed in a house fire 2 years later. In 2003 I attempted to obtain a passport because I had a job offer over seas. I was told that the State of Ma. had a hold on me, and that the Fed. Government would not issue a passport. When I called the Dept. of Revenue (Child Support Division) I was told that according to their records I owed 3 years Back child support in this case. DOR also told me they had no record of any paperwork from the attourney.

    I then attempted to call the Attourney but was informed by his wife on the phone that he has passed away 1 year before. I attempted to retrieve records from the Probate dept of Salem, Ma. where the case of held. I was shocked to find that the last document filed there was in fact my arrest warrant, that was then signed as 'served'....but with no finding. Upon checking the Master record of the Courts proceedings, there is no record of my having been there, or that the case was handled by the Judge.

    The Child and Mother are where abouts unknown. She was , to the best of my knowledge, remarried and had two more children in some other part of the state. She also changed her last name, and her address was kept off Court documents, as everything was handled and went through her attourney. I have no money....as of 9 months ago the State of Ma. has now attached my pay.

    I live several hundred miles away in another state. I believe that if the Mother was contacted she would not want to give me visitation (after 10 years). But I have no idea of what to do...who to talk to....??? Would bringing a motion in that court for Visitation bring all this to light?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Signed Away Rights, but Child's Mother's Lawyer Didn't Notify Dept. of Revenue

    Apparently you agreed to Mom having sole custody with you having no visitation though it would help if you knew what you actually signed at the time.

    With that said, a parent cannot generally waive the CHILD's right to receive financial support from the other parent; I suspect that's what's happening now. Your wages are being garnished in order to support your child.

    You are of course entitled to pursue visitation with your child but please ask yourself if this is truly in the child's best interest.

    You really should speak with an attorney.

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Signed Away Rights, but Child's Mother's Lawyer Didn't Notify Dept. of Revenue

    You can bring a motion for visitation....

    but if you can't have her served, that motion is going no where.

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