After 17 years, mom seeks $60G in child support

QAfter marriage, my wife, Sue, and I lived in Alaska, my home state. Two years later, right after Sue learned she was pregnant, she moved to Massachusetts. Before the baby, Anna, was born, Sue filed for divorce in Massachusetts. She had a job. We had no assets to divide so the judgement just said we were divorced.

I never met Anna because Sue wouldn’t let me see her. I didn’t have money to fight for parenting time. Because I was suspicious about why Sue left abruptly, I asked for — but never got — a DNA test. Now, after 17 years, I received a summons from the Alaska court. Sue wants to enforce a $60,000 Massachusetts contempt judgment for back child support.

Even though I’ve lived in the same house we both lived in, I never received notice about a child support or contempt case. But Sue was able to serve me on her enforcement case!

My earnings were and are just enough to keep my head above the ice. Will I have to pay?

AYou need to hire an experienced Massachusetts family law lawyer to go to the court and look at all the papers filed in each case. If you weren’t properly served with the summons in the child support case, that judgment — and the contempt judgment based on that support judgment — should be vacated.

If Sue claimed she didn’t know where you lived, she may have gotten permission to serve you by publishing a copy of the summons in a newspaper distributed in the area she last knew you lived in. But if you can prove she knew your address, because of her fraud on the court, the judgment should be vacated. It follows the contempt judgment, which should have the same fate.

Also, Massachusetts law entitles you to get a paternity test. If you didn’t get proper notice, you’re still entitled to that test. If you’re not the dad, you’d be off the hook and the judgment will be vacated because of Sue’s fraud on you and on the court.

Also, hire an Alaskan family law lawyer to file a motion to temporarily stop all work on that case. Meanwhile, you’ll put both Massachusetts cases and the parenting test under the microscope. If you’re Anna’s dad and received proper notice about the child support case — but not about the contempt case — you defend in Alaska by claiming “laches.” Laches means Sue waited an unreasonable amount of time to enforce the child support order so you were unduly prejudiced because you spent all your money on your bills.

Assume none of that goes your way. Then — while you are standing before the judge in Alaska — try to prove that you have no money to pay those arrears. If so, then the leading case on point, decided by the Supreme Court of the United States, which is binding on the judge in Alaska, requires a finding of not guilty of contempt.