Under what circumstances do the mass child support guidelines not apply?

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Asked 11/4/2008

I am currently in a child support battle for my child born out of wedlock. The father and I have a combined income of more than 135,000 he is arguing that the guidelines do not apply to him. He is married with two other children and we live in massachusetts. I have gone over the guidelines and I can't find a reason for him not to pay child support. Under wht circumstances would these guidelines not apply?

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Answer 1/1 - Submitted 1/12/2011

They apply, far as I know. The principle is that child support is for the child. The child has to eat, wear clothing, etc In principle, if he's the father, he has to pay.

In NY about 30 years ago there was a case in which the father claimed the mother lied to him and told him she is on birth control. When the child was born the father said he was deceived and shouldn't pay. The courts said no, he has to pay. If a man wants to play he has to pay, in essence. (Serpico v L Pamela P)

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