NY Divorce vs Child Support Law in Florida

[FA User 2008]

I wish it were an easier way to introduce myself to the forum. But I don't know where to turn and would like some suggestions.

I am a New York resident located outside the state.

I am Active Duty miltiary, assigned/stationed in Arizona.

My divorce was finalized in 1996, Suffolk County - New York State.

My former spouse relocated to Florida with the 1 minor child who is now age 15, approximately 3 or 4 years ago.

I have NOT had normal interaction with the child since 2002. Before then, the last interaction was 1994. The former spouse refused me to see my child, and within the last 2 years, child stated she wants nothing to do with me. Despite hearing this, I continue to maintain my support obligation.

I have been paying child support since 1993 (since spouse was not living with me at that time), without lapse. Zero missed payments. Decree and support judgement was finalized in 1996. I have been paying faithfully what was ordered since then up to last year.

December 2007, former spouse requested upward adjustment of child support since we had not had it adjusted. We BOTH agreed to $600. Adjusted payments began JAN 09.

December 2008, former spouse writes requesting upward adjustment to $900. A $300 increase.

Although I do NOT have interaction with the child and child stated she wants NOTHING to do with me, is this a solid basis for fighting the requested adjustment? I know if I don't give in to her request or at least give her 50% of what she is requesting, she will threaten to drag me into court. Most of you will say "Let it go to court" but to retain a lawyer and such will be costly. If I met her half way and gave in to a $150 upward adjustment, that would equal $1800 over the next 12 months.

I used a Florida quick support payment calculator to see what I might be ordered to pay by FLORIDA Law (just in case NY surrenders jurisdiction and Florida takes ownership) I used an absurd $5000 NET pay for myself and $5000 for the former Spouse with $0 for medical, child care, etc. The total amount I was obligated was an estimated $667. However, I do NOT know the financial income to my former spouse. I also used $5000/$2500 and I was at $730 estimated support.

I am not sure how this is to be handled since the divorce was finalized in NY and former spouse now resides in Florida with the child. Although I am still a NY resident, I am living where I am assigned for duty, in Arizona.

Former spouse has made several false allegations to the military that she is 1) Still my legal spouse and 2) that I stopped paying her child support.

These false allegations bring great discredit upon myself and tarnish my reputation as a leader. Is this harassment? How can it be stopped? Is a restraining order possible to keep my former spouse from filing false allegations like these?

My divorce decree states child support is to continue until emancipated (What the hell does that mean? Until she decides to get a job, gets married, or moves out of house?) UNLESS CONTINUING EDUCATION.

With the lack of regular interaction and statement that child wants NOTHING to do with me, can I file for an amendment to have my support obligations terminate at age 18?

What does the word emancipated mean in legal terms?

Its been 12 years since our divorce and I feel as if I am constantly being harrassed, I have no enforced visitation, and the child has written to me that she wants nothing to do with me.

What can I do? Where do I start?

Thank you in advance.

 

[LdiJ]

I wish it were an easier way to introduce myself to the forum. But I don't know where to turn and would like some suggestions.

I am a New York resident located outside the state.

I am Active Duty miltiary, assigned/stationed in Arizona.

My divorce was finalized in 1996, Suffolk County - New York State.

My former spouse relocated to Florida with the 1 minor child who is now age 15, approximately 3 or 4 years ago.

I have NOT had normal interaction with the child since 2002. Before then, the last interaction was 1994. The former spouse refused me to see my child, and within the last 2 years, child stated she wants nothing to do with me. Despite hearing this, I continue to maintain my support obligation.

I have been paying child support since 1993 (since spouse was not living with me at that time), without lapse. Zero missed payments. Decree and support judgement was finalized in 1996. I have been paying faithfully what was ordered since then up to last year.

December 2007, former spouse requested upward adjustment of child support since we had not had it adjusted. We BOTH agreed to $600. Adjusted payments began JAN 09.

December 2008, former spouse writes requesting upward adjustment to $900. A $300 increase.

Although I do NOT have interaction with the child and child stated she wants NOTHING to do with me, is this a solid basis for fighting the requested adjustment? I know if I don't give in to her request or at least give her 50% of what she is requesting, she will threaten to drag me into court. Most of you will say "Let it go to court" but to retain a lawyer and such will be costly. If I met her half way and gave in to a $150 upward adjustment, that would equal $1800 over the next 12 months.

I used a Florida quick support payment calculator to see what I might be ordered to pay by FLORIDA Law (just in case NY surrenders jurisdiction and Florida takes ownership) I used an absurd $5000 NET pay for myself and $5000 for the former Spouse with $0 for medical, child care, etc. The total amount I was obligated was an estimated $667. However, I do NOT know the financial income to my former spouse. I also used $5000/$2500 and I was at $730 estimated support.

I am not sure how this is to be handled since the divorce was finalized in NY and former spouse now resides in Florida with the child. Although I am still a NY resident, I am living where I am assigned for duty, in Arizona.

Former spouse has made several false allegations to the military that she is 1) Still my legal spouse and 2) that I stopped paying her child support.

These false allegations bring great discredit upon myself and tarnish my reputation as a leader. Is this harassment? How can it be stopped? Is a restraining order possible to keep my former spouse from filing false allegations like these?

My divorce decree states child support is to continue until emancipated (What the hell does that mean? Until she decides to get a job, gets married, or moves out of house?) UNLESS CONTINUING EDUCATION.

With the lack of regular interaction and statement that child wants NOTHING to do with me, can I file for an amendment to have my support obligations terminate at age 18?

What does the word emancipated mean in legal terms?

Its been 12 years since our divorce and I feel as if I am constantly being harrassed, I have no enforced visitation, and the child has written to me that she wants nothing to do with me.

What can I do? Where do I start?

Thank you in advance.

You can file to reinstate visitation with your daughter.

You can sit back and let mom file for a child support modification rather than agreeing to any of her demands.

 

[BL]

I have no enforced visitation, and the child has written to me that she wants nothing to do with me.

You can not show a Court ( NY as you are still resident , where the matter was determined ) , of your attempts to enforce your visitations , and the complete denials of said visits .

Therefore , you are NOT going to be able to terminate/suspend your CS obligation .

CS in NY is until 21 , or emancipated . ( 21 being the cut off age ) .

To get an idea of what constitutes emancipation ,

Section I: Emancipation

I would advise as LD suggested .

That is to enforce your visitations .

Let the other party petition the court for CS , and go by the guidelines .