Emancipation and Interstate Regulations NY and NJ
I am the custodial parent and have an a child support order since 1992. NYS garnished the non-custodial parents wages and then forwarded them to NJ. The non-custodial parent lived in ny but now lives n NJ. I had asked for an increase out of court then got it but when his job was eliminated, he stopped and when he returned to work he never started those payments up again.
This month my child turned 21 however he is still in school full-time and living with me full-time. However when I checked the NY Child Support website, and then by phone, I was told the case had been closed due to emancipation. However, when I called NJ, they said there is no age limit if he is still in school. So no payments have been received by my ex's salary since November 1.
Which means that in NJ he will be in arrears. I have never received an increase, and in 2008 I became ill and now live on my SS disability and part-time job. My taxable income in 2009 was 11,000. Since my SS was non-taxable. For the 2010-2011 school year my son received tuition and pell grants due to my low income.
My question is how the heck do I rectify this problem, I need my CS payments.