Under the facts you describe, you may file in either State, especially since you are both apparently in agreement upon everything. However, you should consult with an attorney to take into consideration the differing laws that will apply depending upon which State you file in. For example, in FL a parent is generally required to contribute to the support of their children until they reach 18 years of age or graduate from high school, however, in NY it may be until they attain 21 years of age. In FL, a parent cannot generally be ordered to contribute to college costs and expenses of a child, but in NY they may.
Answered on Nov 20th, 2013 at 9:26 PM