Fathers’ group sues to stop new child support rules
Story here. Excerpt:
'Fathers & Families, a Boston-based group that advocates for “children’s right to the love and care of both parents after separation or divorce,” filed suit against Chief Justice for Administration and Management Robert A. Mulligan and other trial court judges on Dec. 23. That same day, the group filed a request for a preliminary injunction in hopes of preventing judges in Massachusetts from applying the new guidelines to cases involving child support after Jan. 1, 2009.
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In its lawsuit, Fathers & Families argues that Mulligan and the Trial Court violated the federal equal protection clause by implementing discriminatory rules, the federal due process clause by passing a law by “judicial fiat,” and the Massachusetts Declaration of Rights by passing a law without the participation of the other two branches of state government.
The group also argues that the new guidelines are “arbitrary and capricious” where the Trial Court did not consider, as statutorily required, any “data on the cost of raising children.”
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