Legal Question in Family Law in Massachusetts
I've had a baby with my ex in April 2010. He's been helping financially but we've never established any regular schedule of payments for child support. Recently we broke up on horrible terms. I'm considering filing for child support since I'm uncertain regarding our future, and his future relationship with our baby. I currently live in Connecticut, but I plan to relocate to Massachusetts in the next 1-2 months for a new job. My questions is: should I file child support now when we are still living in Connecticut, or should I wait until we settle in in MA? Another question is-- how soon I can file for child support after my relocation? I've heard in some states I have to wait for 6 months to establish residency. Thank you for your help and input.
1 Answer from Attorneys
You should file the action in Conneticut. Conneticut has jurisdiction over the father because he lives there. If you wait until you get to Massachusetts, the court could find there is no jurisidiction over him. This doesn't mean you can't get child support. It means that there will be a different procedure. The Massachusetts Court can start the action and then send it to Conneticut for jurisdiction over the father. This means that Conneticut law will control but it will take much longer to get any child support paid. You could be looking at a delay of 1 to 2 years. Start the action now while you are in Conneticut.