Q: Can she apply for child support in a state she’s lived for 2 months?

Me & and the mother of my child are from MA. I’ve been in Florida for 4 years. She kept my child from me for 2 years, with false restraining orders etc (which I don’t know how that’s legal). She decided to get on good terms with me when her false accusations expired. She moved down here with me, with my daughter (we weren’t together). She stayed for one year and we both jointly cared for our daughter (all expenses). We had spoke on joint filing taxes for our daughter and came to a verbal agreement. She decided to move back to MA, claimed our daughter by herself, and is applying for state benefits. So child support in MA sent me mail that I have to pay child support. She’s been in MA for 2 months, is this legal? Shouldn’t child support/ benefits be based off Florida seeing as she hasn’t been established for at least 6 months- year in MA? Also the taxes, is she able to claim when we both took care of our daughter? She’s always used the court and my daughter to punish me, illegally.

1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: It sounds like Massachusetts has a lot of contacts with the parties and the child for child support orders, although if the child was only back in Massachusetts for 2 months custodial non-monetary issues would be appropriate in Florida as the home state. Was there a paternity or Custody and Support process brought in Massachusetts? It sounds like you did not go forward in Florida either. Oral agreements are useless.

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