a few questions

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Latest post 02-28-2012 3:10 PM by Drew. 9 replies.
  • 02-28-2012 1:14 PM

    • JessicaR
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    a few questions

    Here is the situation. the divorce decree is in NY filed in 2002, where it states an agreed upon amout of money for child each month, between the two parties. There is no actual child support order with a court in NY. The custodial parent moved ot of NY over 3 years ago...is this at all still valid, and do we go by the new state laws. Meaning NY pays until age 21, new state (CT) pays until child is 18...please help.

  • 02-28-2012 1:18 PM In reply to

    • Drew
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    Re: a few questions

    NY rules still apply----age 21



  • 02-28-2012 1:18 PM In reply to

    Re: a few questions

    NY should be the controlling state as child support was established there.

  • 02-28-2012 1:19 PM In reply to

    Re: a few questions

    The custodial parent now lives in CT. How about the non-custodial parent? Does he or she still live in NY or does he or she now reside somewhere else?

  • 02-28-2012 1:27 PM In reply to

    • JessicaR
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    Re: a few questions

    neither of the parents live in NY anymore. but we were under the impression that since custodial parent left NY that after 6months the new state becomes the state laws that we follow.

  • 02-28-2012 1:49 PM In reply to

    • Kivi
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    Re: a few questions

    The existing order remains valid until formally modified or properly replaced by a new order in the relevent state.

    Since no one covered by the order still lives in NY, it is very possible that NYS will have little interest in enforcing the order. If enforcement is a problem, you might want to talk to a CT family law attorney about having CT assume jurisdiciton. 

    If you want to go by CT rules, then one of you (could be CP or could be NCP) will have to petition a court in CT to take over. It is NOT authomatic.

  • 02-28-2012 2:12 PM In reply to

    • JessicaR
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    Re: a few questions

    so you can modify a divorce decree? there is no actual child support order. only an agreed upon amount sited in the divorce.

  • 02-28-2012 2:18 PM In reply to

    Re: a few questions

    You are not modifying the divorce decree- you have a support order as part of your divorce decree;  support is always subject to modification. 

  • 02-28-2012 2:31 PM In reply to

    Re: a few questions

    When a divorce agreement is submitted, whatever is contained within that agreement is ratified and becomes court order, so yes, there is an order for child support.

    Child support amounts are modifiable based on earnings/income. 

    What does the divorce agreement specifically say about child support? The exact wording would be helpful. Typically, because it was established in NY, then even if parties move, the agreement still holds true. For example, if the agreement says child support in the amount of xx per month based on NY guidelines (which do go up to the age of 21), the amount can change, but not typically the age at which it ends. Just because the parties move, does not mean that original agreement does not hold true. If that was the case, people would move to NY all of the time to have child support extended to the age of 21 or vice versa, people would move out of NY hoping to change the age they have to stop paying support. NY is where the order was established and those guidelines need to be followed.

    What is the motive here??

     

  • 02-28-2012 3:10 PM In reply to

    • Drew
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    Re: a few questions

    You want to be real careful about making sure the original rules apply even if enforcement is elsewhere--its not quite cricket to forum shop to get different rules after the fact--and NY probably has rules far more favorable to the child ------



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