Child Support In Plainview New York

by Lori
(Plainview, NY)

My ex and I were divorced in CA in 1997 evening though I've lived with the children here in NY since 1995 (he was in the military and that was where he was stationed). A child support order was put in place by CA at that time, but in 2000 he took me back to court in CA and had the order vacated because he retired from the military. In 2002 I filed a petition in Suffolk County Court in NY (where my children have always lived) seeking child support since I was receiving no support from him for 2 years and he had now moved to Florida.


An order was issued by the NY courts in 2002. My ex is now bringing me back to court in NY stating that child support for the children should have stopped when they turned 18 because the original child support order was in CA and child support stops at 18 or 19 in that state. I say the order is in NY and child support goes until the age of 21. Who is correct? Our children are 19 and 21 and both full time college students.

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Child Support
by: Child Support America Team Member

Lori,

That will be for the court to decide. Sometimes it does go back to where the first order was established, unless a court order states differently. Have you talked to the NY Child support regarding this issue?

CSA STAFF

UCCJEA jurisdiction rules
by: Anonymous

I know that California follows the UCCJEA (the Uniform Child Custody Jurisdiction and Enforcement Act)in which case they retain jurisdiction for all future matters in the case since they initiated the original order, however, according to the the UCCJEA, there are exceptions to this rule 1) the original state determines that they do not have jurisdiction any longer because the children are not affiliated with the state whatsoever, or 2)another court determines that they have jurisdiction over the the children or parents which I believe NY state did back in 2002 when I filed a petition in Suffolk County. I remember they had to make sure NY had jurisdiction and they determined they did. My children and I have never lived in California and have no connection to the state. My ex-husband lives in Florida and has for the past 10 years.

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