Domesticating from FL to NY

[hmg]

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

I may be taking a shot in the dark with this one but it is worth a try since NY child support laws provide better for children.

I have a child support order in Florida which is where myself and my daughter reside. He father resides in N.Y. Florida law ends child support at high school graduation unlike NY which provides through college or age 21. Is there a way to domesticate the order to N.Y. and then modify in accordance with the NY child support laws. Or since she has already graduated high school and is now in college perhaps I can simply bring new action in NY for support since high school graduation through college. Also, since NY laws also require the fathers to pay some college expenses this would also be another form of support that the FL courts did not provide.

Many thanks!

 

[Isis1]

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

I may be taking a shot in the dark with this one but it is worth a try since NY child support laws provide better for children.

I have a child support order in Florida which is where myself and my daughter reside. He father resides in N.Y. Florida law ends child support at high school graduation unlike NY which provides through college or age 21. Is there a way to domesticate the order to N.Y. and then modify in accordance with the NY child support laws. Or since she has already graduated high school and is now in college perhaps I can simply bring new action in NY for support since high school graduation through college. Also, since NY laws also require the fathers to pay some college expenses this would also be another form of support that the FL courts did not provide.

Many thanks!

very short answer. NO! this is called forum shopping, the courts will not allow it.

 

[hmg]

Im sorry I dont know what you mean by forum shopping? I am a paralegal in Fl and have seen this done the opposite way and thought it may be worth a shot. I have consulted with several NY attorneys and none seemed to have an answer either so I dont think it is a common question. I am not being greedy considering my daughter did not even start receiving child support until age 9.

IMO it is very unfair that one state provides support for children far superior than in others.

 

[TinkerBelleLuvr]

An order can be domesticated to another state for enforcement purposes. What you are asking about is what is considered forum shopping.

and each state is allowed to have their own rules about child support. If you were looking at it, actually Indiana's was better than New York's, IMHO.

 

[Gracie3787]

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

I may be taking a shot in the dark with this one but it is worth a try since NY child support laws provide better for children.

I have a child support order in Florida which is where myself and my daughter reside. He father resides in N.Y. Florida law ends child support at high school graduation unlike NY which provides through college or age 21. Is there a way to domesticate the order to N.Y. and then modify in accordance with the NY child support laws. Or since she has already graduated high school and is now in college perhaps I can simply bring new action in NY for support since high school graduation through college. Also, since NY laws also require the fathers to pay some college expenses this would also be another form of support that the FL courts did not provide.

Many thanks!

No.

First, your ex's legal obligation to pay CS for your daughter has been fulfilled based on the order that was issued in FL, therefore no modification can be done in any state.

You cannot file for a new order in NY since you already had a FL order that was fulfilled and your daughter is now an adult.

 

[TinkerBelleLuvr]

I couldn't find it where the child is now an adult. I think she wants it moved to New York since that is where dad lives.

And last I checked, life's not fair.

 

[Proserpina]

Im sorry I dont know what you mean by forum shopping? I am a paralegal in Fl and have seen this done the opposite way and thought it may be worth a shot. I have consulted with several NY attorneys and none seemed to have an answer either so I dont think it is a common question. I am not being greedy considering my daughter did not even start receiving child support until age 9.

Had you filed before that time? And if so, pushed to have the order enforced?

IMO it is very unfair that one state provides support for children far superior than in others.

You made your choices, y'know?

 

[Gracie3787]

I couldn't find it where the child is now an adult. I think she wants it moved to New York since that is where dad lives.

OP stated that daughter has graduated from HS and is now in college. In Florida, that means that she is an adult for CS purposes.

 

[TinkerBelleLuvr]

you are right, Gracie - I failed in comprehension on this one.

 

[Gracie3787]

you are right, Gracie - I failed in comprehension on this one.

LOL, it's easy to miss some things in posts, I do it alot myself.