Legal Question in Family Law in Massachusetts
The question is related to child support and an original agreement signed in a Massachussetts family court:
The parents signed the agreement before a Massachussetts judge regarding child support payments and visitation arrangements. The mother has physical custody of the minor child and resides in Connecticut. The father makes child support payments and resides in New Hampshire. Payments for child support are made throught the Mass Department of Revenue (DoR)
Since the parents and the child reside outside Mass., the question is, which state has jurisdication over modifications to the original agreement and arrangements for child support payments to be made through a state agency such as the DoR?
2 Answers from Attorneys
Modifications for child custody and visitation must be filed in the home state. Assuming the child has resided in Connecticut long enough (usually 6 months) such actions must be filed in Connecticut. Child support modifications can be filed anywhere there is in personam jurisdiction over the father. This means that the father has sufficient contacts with a state for the state to exercise jurisdiction over him. Clearly such actions can be brought in New Hampshire. You should consult a Connecticut attorney about filing an action in that state. There is another choice. Every state has a state agency that collects child support. You can ask the Connecticut agency to file a modification to change the child support and they can proceed interstate. They file the action in Connecticut and bring the father into a court in New Hampshire. This is much longer than you hiring a lawyer.
Unless the MA court specifically retained jusrisdiction as part of the move to CT, and the child and her mother have lived in CT for more than 6 months, jurisdiction lies with CT.
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