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What state rules

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timbales

Junior Member
What is the name of your state (only U.S. law)? NY
Ok here is the situation to see if anyone can shed some legal advise.
Scenario:
Mother of the child and child live in N.Y, There is no CS case open and the child just turned 18.
Divorce took place in FL when child was about 5 uncontested following FL jurisdiction. In the divorce decree it indicates the CS monthly paymt I was responsible for and that she agreed to follow FL state jurisdictions. Then again there was no CS case open trough court. However I had made payments all along without missing a single payment. Checks and or money order noted that it was a child support payment directly made to the mother.
FL Child support obligation is until child reaches 18,but NY is until he’s 21. Does FL jurisdiction prevails over NY because of the divorce? Or child residence ?What is the name of your state (only U.S. law)?
 


stealth2

Under the Radar Member
It's actually a triplicate, but timmy deleted one of his threads. Guess he didn't understand what we meant when we asked him not to keep posting a new thread with the same question.
 

timbales

Junior Member
The reason of the triple posting was becuase after I made the clarification ...no one replied to the posting ....So I just wanted to make sure that my case was clear enough for the forum to answer to my situation...and as of today still not an answer to it...so I'm not sure if the expertise is here to respond or answer my posting.
 

LdiJ

Senior Member
The reason of the triple posting was becuase after I made the clarification ...no one replied to the posting ....So I just wanted to make sure that my case was clear enough for the forum to answer to my situation...and as of today still not an answer to it...so I'm not sure if the expertise is here to respond or answer my posting.
The FL child support order has ended (assuming the child has graduated from high school, if not, you shouldn't have stopped paying).

However, my educated guess is that mom could open a new child support case in NY.
 

BL

Senior Member
The reason of the triple posting was becuase after I made the clarification ...no one replied to the posting ....So I just wanted to make sure that my case was clear enough for the forum to answer to my situation...and as of today still not an answer to it...so I'm not sure if the expertise is here to respond or answer my posting.
I gave you advice in another thread . You chose to clarify again and repeat your question.

Please stop .

Bet you haven't even contacted NY to request a final determination.

If you're sure it was closed ,and the FL. stipulation is an order ,then go by Fl. rules.

Or quit paying ,save the amounts in a bank account ,the see what if any action the other party takes .

If at some point ,it's determined you owe ,you'll have the money to pay .

If you keep posting like this ,no one will give you advice.
 

timbales

Junior Member
There was no final determination=there was no CS ordered tough the court.
The only FL stipulation we have is a divoce decree...there is no CS ordered trough the state of Fl either.

I do not understand the hostility on responding to my posts when the question was never answered to begin with...
 

BL

Senior Member
There was no final determination=there was no CS ordered tough the court.
The only FL stipulation we have is a divorce decree...there is no CS ordered trough the state of Fl either.

I do not understand the hostility on responding to my posts when the question was never answered to begin with...
Because ,you deleted a post that was conflicting .

Re create new post , instead of " clarifying " in the original or subsequent one ,then blame the members who volunteer there time .

You DO-NOT have to keep creating new threads on the same subject and/or delete to start new .

Now you indicate there was never a NY court order,so that means the case was through CSEU .

Neither party lives in NY . Both parties stipulated through court order to follow FL. rules .

Follow them ,then .

At any rate carry on and follow the advice given.
 

timbales

Junior Member
Thanks

Child and mother live in NY =has always lived there.
We had a CSEU case open for about 3 years since the child was born but it was closed way before we got divorced.
Mother & Child lived in NY at the time of the diverce.
So, I was not sure if she can go back and reopen the case to request continuation of Child support payments past the age of 18 and if that was to take place; Does the divorce decree overules the reopen of the case?
 

BL

Senior Member
Thanks

Child and mother live in NY =has always lived there.
We had a CSEU case open for about 3 years since the child was born but it was closed way before we got divorced.
Mother & Child lived in NY at the time of the diverce.
So, I was not sure if she can go back and reopen the case to request continuation of Child support payments past the age of 18 and if that was to take place; Does the divorce decree overules the reopen of the case?
Well now , you said there was an UD in FL. I guess you meant you filed a UD in FL. and the other party in NY agreed .

NY wouldn't give up so easily I do not believe ,as the other party and child still reside in NY .

It would have to be taken to court for a court to decide .

Again you say the other party agreed to FL. rules , but you aren't clear of any child support orders in the UD.

Without a reference to CS , I believe NY retains jurisdiction with CS , as that party has remains and remains a resident of NY with the child.
 

timbales

Junior Member
Thanks again.
I guess you meant you filed a UD in FL. and the other party in NY agreed =Yes.

The was not CS case open at all on either state at the tiem of the divorce. The Divorce decree just makes has an indication of how much I'm suppouse to pay each month for Child Support.
Why N.Y would retain judircdition when she had agreed to obey the laws of FL state and we had an UD with minors involved?

Just for the fact the they redside in NY does that mean that any other state juricditions has no bearing on CS age limitation? So the UD has no weight on this age limitation for CS?
 

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