Child Support Jurisdiction

[jb900]

What is the name of your state? N.Y.

I have a case that was started in Connecticut but under UISFA codes was handled in New York. The child support laws in both of those states are different. I would like to know who has jurisdiction over the amount of support to be paid. Keep in mind the child was born in Connecticut and is still living there with the mother in that state. The father lives in New York and has never changed his residence.Must the case be refiled to bring it to Connecticut jurisdiction?

In Advance,
Thank You for your time and consideration
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[BL]

My offhand guess , is that Connecticut would have jurisdiction , and NY is only enforcing Connecticut orders , since one party still lives there .

 

[hcralston]

Uifsa

If none of the parties reside in the orginal state, Jurisdiction goes to the state where the parties BOTH live. If they do not BOTH live in that state, it goes to the state where the PAYOR lives. So if the mother moves to Texas, the father moves to Connecticut, mother wants to modify, she has to go to Connecticut to do it. If the father wants to modify, he has to go to Connecticut.

Visitation is governed by UCCJEA, which automatically goes to the state where the children live.

I know this based on extensive research and recent personal experience. You CAN consent to have jurisdiction in the state of the children if you so wish though. Basically, the state has to have personal jurisdiction over all the parties.