My wife and I separated many years ago while we were living in New York State. Part of the agreement was that she could move to PA to be closer to family. She took residence in PA then filed the New York State separation agreement as a divorce decree in a county court house in PA. She has re-married and remained in PA ever since. I have moved to Texas for work. I visit my son once a month, he comes to Texas for a month each summer and he and I spend Easter and T-giving and one week over christmas break with my mother in PA. He turned 18 in December and graduated HS in May.
I was advised by my lawyer that the separation agreement would most likely not hold up in PA and child support and custody would default to PA rules.
The tricky part is that PA rules call for support ending when the child turns 18 or graduates which ever is later. NY rules stipulate that support continues until he is 21. The agreement was written in NY and therefore states (part of the sep agreement form document) that support and custody rules would fall under NY jurisdiction. The divorce decree states that we are divorced under the terms of the sep agreement.
You can probably see where this is going. I stopped payments in June and she wants to file for a court order in NY for me to continue to pay support until he is 21.
Is there anything I can do to stop this? Will NY honor the PA divorce decree? Is there something I can do through the PA courts to stop her?
It get's worse, on top of the 1k per month she wants me to pay her in support, she only wants to pay 3k of the 30k per year towards his college. He will be living on campus, living in the dorm and eating at the cafeteria. So where does the other 9k go?
I was advised by my lawyer that the separation agreement would most likely not hold up in PA and child support and custody would default to PA rules.
The tricky part is that PA rules call for support ending when the child turns 18 or graduates which ever is later. NY rules stipulate that support continues until he is 21. The agreement was written in NY and therefore states (part of the sep agreement form document) that support and custody rules would fall under NY jurisdiction. The divorce decree states that we are divorced under the terms of the sep agreement.
You can probably see where this is going. I stopped payments in June and she wants to file for a court order in NY for me to continue to pay support until he is 21.
Is there anything I can do to stop this? Will NY honor the PA divorce decree? Is there something I can do through the PA courts to stop her?
It get's worse, on top of the 1k per month she wants me to pay her in support, she only wants to pay 3k of the 30k per year towards his college. He will be living on campus, living in the dorm and eating at the cafeteria. So where does the other 9k go?
