child support responsibility until 21 or 18 years old

[timbales]

What is the name of your state (only U.S. law)? FL
I have been paying child support to my ex wife who lives in N.Y . Payments were not made trough the court as our case was closed when my son was about 3 years old. Now my son turned 18 years old and in the state of FL child support is obligated until child turns 18 or 19 while in High School. We divorced in the state of FL and since the divorce was uncontested ; she had agree to follow FL jurisdiction in our divorce. They live in N.Y. and new York child support law states until child is 21yrs old. My question is should I keep on paying until my son turns 21 or just until he’s 18th following the FL state law based on the support guidance and the divorce decree?

 

[CSO286]

What is the name of your state (only U.S. law)? FL
I have been paying child support to my ex wife who lives in N.Y . Payments were not made trough the court as our case was closed when my son was about 3 years old. Now my son turned 18 years old and in the state of FL child support is obligated until child turns 18 or 19 while in High School. We divorced in the state of FL and since the divorce was uncontested ; she had agree to follow FL jurisdiction in our divorce. They live in N.Y. and new York child support law states until child is 21yrs old. My question is should I keep on paying until my son turns 21 or just until he’s 18th following the FL state law based on the support guidance and the divorce decree?

If the child support court order is from NY courts, then you will need to pay support until the child reaches 21 (N.Y. FCT. LAW § 413-a : NY Code - Section 413-A: Review and cost of living adjustment of child support orders).
If the child support was ordered as part of your Florida Divorce Decree, then Florida statutes govern at what point your child support obligation ends. In that case, the obligation ends at age 18 or 19, if the child is still in high school. (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0743/SEC07.HTM&Title=->2002->Ch0743->Section%2007)

Hope this helps.

 

[timbales]

At the time we divorced ; the child support case had been already closed ...I think, but in the divorce we have stipulated how much I was to continue to pay for child support and she had agreed to follow FL state jurisdiction...I was just wondering that the fact that the case was already closed and the fact that he agreed in the divorce decree to go by the FL state. In any case we had no open child support case for at all before or after the divorce we just outlined in the divorce decree the amount we had agree I was to pay her for child support. Should we follow the divorce stipulations? Or should I continue to pay until he’s 21

 

[BL]

At the time we divorced ; the child support case had been already closed ...I think, but in the divorce we have stipulated how much I was to continue to pay for child support and she had agreed to follow FL state jurisdiction...I was just wondering that the fact that the case was already closed and the fact that he agreed in the divorce decree to go by the FL state. In any case we had no open child support case for at all before or after the divorce we just outlined in the divorce decree the amount we had agree I was to pay her for child support. Should we follow the divorce stipulations? Or should I continue to pay until he’s 21

Your post is confusing .

You say there was no order in NY.Then you state that you "think" the CS order was closed.Then you assert the case was closed.

Which is it ?

If there was a case open in NY ,then by all means request and see if the county court in NY has a record of any case being closed .Obtain a copy if at all possible .

However ,having said that and the issue of any NY cases being brought up or Incorporated into the Fl. matter ,I'd say FL. Guidelines would suffice.

Again make sure about NY ,as the other party may still try to enforce an order .

 

[Zigner]

Courts ALWAYS retain control of the CS portion of the case, even when the divorce is final.

 

[timbales]

Thanks for all these advises.

I will try to make it as clear as possible. We had a CS ordered trough the court in NY but we went to the court house and eventually closed the case indicating to the court that we had got back together again. Support order was stopped and child support was no longer enforced trough the court. Then a year later I divorced in the state of FL uncontested with the stipulation were she would follow FL state jurisdiction in the divorce. . However I kept on paying the amount that was previously assigned by the court throughout all those years via money order and personal checks to her.

In the state of Fl when you’re getting divorce with minors involved ; you’re require to attend an obtain some sort of parenting certification as part of the state regulations. I guess my question really is since we had no CS case enforced trough the court and we divorced in the state of FL ; Is my CS responsibility according to the state of FL or N.Y.? Should I continue to pay CS as NY mandates unti 21 eventtough the case was closed beofre our divorce? or Do I follow CS guidelines of Fl state unit 18~19 ?