Stuck in a situation that involves 3 states

[eli626]

What is the name of your state (only U.S. law)? N.Y.S

My case was began by my daughters mother in the state of N.C. after she was the legal age of emancipation in the state of N.C. which is 18 using interstate laws they have filed my case for child support enforcement in N.Y.S.

I was never served a summons but have received court appointments in the mail for first appearance in N.Y.S but am a resident of CT. I know I have to answer the summons even though I wasn't served properly to make sure I don't get a default judgement but was wondering what I could do to contest this as I don't feel NY has any jurisdiction over my case.

There is no child support order in effect at this time.

 

[OHRoadwarrior]

If that is not the court that issued the order for support, file a motion to vacate based on improper jurisdiction.

 

[eli626]

If that is not the court that issued the order for support, file a motion to vacate based on improper jurisdiction.

There isn't an order yet. So I was thinking trying that but am wondering if NYS can use the long arm of jurisdiction on my case because there isn't a order yet.

 

[single317dad]

Were you current on the support for your daughter at the time she emancipated? If so, you should petition to terminate the support order in the NC court. Either way, you should move to dismiss the NY case based on jurisdiction.

Are mom and the court aware of your current address? Legally, you must provide your current address in CT to the NC court. Once you do, mom will likely refile for enforcement in CT.

 

[eli626]

Were you current on the support for your daughter at the time she emancipated? If so, you should petition to terminate the support order in the NC court. Either way, you should move to dismiss the NY case based on jurisdiction.

Are mom and the court aware of your current address? Legally, you must provide your current address in CT to the NC court. Once you do, mom will likely refile for enforcement in CT.

There has never been an order in effect. She went to child support efforcement agency in N.C. after my daughter was already 18, who took on her case but didn't file anything in the courts of N.C. as they knew that the emancipation age had been reached. So what they did was find my former address in N.Y. where my mother stays and sent my paper work to N.Y.S who then in turn seems to have initiated this case against me where the legal age of emancipation is 21.

 

[single317dad]

There has never been an order in effect. She went to child support efforcement agency in N.C. after my daughter was already 18, who took on her case but didn't file anything in the courts of N.C. as they knew that the emancipation age had been reached. So what they did was find my former address in N.Y. where my mother stays and sent my paper work to N.Y.S who then in turn seems to have initiated this case against me where the legal age of emancipation is 21.

I assumed (see, it really is dangerous) from your OP that there was formerly a support order but no longer is one. Now, seeing that there never was an order for support, this case certainly borders on the ridiculous.

First move is definitely to challenge personal jurisdiction in NY. Success may depend on when the case was first opened vs. when you moved away (e.g. case was opened with CSE 12/2012, you moved 02/2013, prosecution argues you left to avoid NY statutes). You should make that challenge before filing any other arguments. I would strongly recommend a NY attorney; if things don't go well you could end up paying money you rightly don't owe.

Perhaps something from the NC court verifying the child's emancipation would be helpful. I'm assuming again here, that the adult child is a legal resident of NC?

 

[eli626]

I assumed (see, it really is dangerous) from your OP that there was formerly a support order but no longer is one. Now, seeing that there never was an order for support, this case certainly borders on the ridiculous.

First move is definitely to challenge personal jurisdiction in NY. Success may depend on when the case was first opened vs. when you moved away (e.g. case was opened with CSE 12/2012, you moved 02/2013, prosecution argues you left to avoid NY statutes). You should make that challenge before filing any other arguments. I would strongly recommend a NY attorney; if things don't go well you could end up paying money you rightly don't owe.

Perhaps something from the NC court verifying the child's emancipation would be helpful. I'm assuming again here, that the adult child is a legal resident of NC?

Thanks so much Single D. Yes she is a legal resident of N.C. and has been for the past 16 yrs. I was thinking I will challenge the jurisdiction to begin with. And proceed from there. I will make a special appearance to make sure I don't volunteer myself to the jurisdiction. And from there I will retain counsel to back me further from that point. I just hope I don't piss off the Magistrate over my case as she is known for making her own applications of the law once she believes someone is railroading the system. If the magistrate decides that they have jurisdiction than there will be little else to prove since in nys child support starts from the date of filing and there is very little straying from that.

 

[OHRoadwarrior]

I would argue mom is not a NY resident therefore has no standing to sue you there. The child is emancipated from NC or is an adult resident of NY with no standing to sue. Mom can't have it both ways. She is either custodial parent with no standing in the wrong venue or the child has emancipated form her custody and lives separately. Your emancipated child cannot sue you for child support. Mom missed the potential of a claim when daughter turned 18 and moved out.

 

[LdiJ]

I would argue mom is not a NY resident therefore has no standing to sue you there. The child is emancipated from NC or is an adult resident of NY with no standing to sue. Mom can't have it both ways. She is either custodial parent with no standing in the wrong venue or the child has emancipated form her custody and lives separately. Your emancipated child cannot sue you for child support. Mom missed the potential of a claim when daughter turned 18 and moved out.

I would agree with this assuming that OP really is not a legal resident of NY. Then it gets trickier. OP should probably get a consult with an NY attorney, even if he doesn't actually hire one.

 

[BL]

I would consult a NY State Family Law Attorney .

It appears she is State shopping.

You do not want to default by not responding or showing up.

First thing is to have it dismissed by lack of proper service of the summons.

My X tried that one to my mothers and I did appear. The magistrate improper service of summons and said I could request dismissal , or since I was there go ahead ,it would just be a matter of time to return.

If an order was ever made in NY

What If the Parties Disagree with the Support Magistrate's Order?

Both parties have the right to appeal the order by filing an "objection" within 30 days
of the date the order is sent to them. The objection must be filed with the court clerk's office,
with a copy sent to the other party. The other party may send a reply to the court. After review
ing
the case file, a judge then rules on the objection. The judge may leave the order as it is,
change it, or send the case back to the Support Magistrate for further proceedings.
If either party disagrees with the judge's decision, the case may be appealed to a higher court

file an objection or challenge, based on incorrect calculations or mistake of fact.


Here are forms , but I don't know what you would use.


http://www.nycourts.gov/forms/familycourt/childsupport.shtml
Better off having an attorney handle it .