I was reading a recent New Hampshire case regarding whether Massachusetts child support laws should be applied in the New Hampshire court, or if New Hampshire laws should apply. The order was originally made in Massachusetts, but the custodial parent then moved to New Hampshire.
The answer is, as we lawyers often like to say, "It depends."
The Uniform Interstate Family Support Act (UIFSA) dictates what rules apply and when, if an Order is being reviewed in a different state than where the original action took place.
A simple example of why it matters, is that Massachusetts laws require that child support should be paid until the children are 21 years old. The Rhode Island laws state that support is only paid until the child reaches 18, or if the child turns 18 while in high school, three months after graduation. In no event, however, unless the child is disabled, will support be paid beyond the child's 19th birthday.
Given the close proximity of the states, unmarried people with children often travel from Rhode Island into Massachusetts before filing a court action, or vice versa. Your timeline will determine where you can file, but it is important to know if you have choice! It may make a big difference.
Contact our office with any of your child support questions at 401-841-5700, or go to our website at www.CounselFirst.com for more information.
No comments:
Post a Comment