Which State’s Support Laws Apply If Parties Have Moved?

Baltimore Maryland divorce lawyerQuestion:

If a child support order originally from New York has now been transferred and enforced in Florida since all parties now reside in Florida, which state’s child support laws apply for age of emancipation?

In New York, the age is 21 but if the order has been transferred to Florida where the age of emancipation is 18 then could I file for a child support termination once my child reaches 18?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Maryland divorce and alimony laws where I am licensed to practice.

Generally, the laws of New York would continue to apply to an order that is enrolled in Florida with respect to the age at which a child support obligation ends.

Usually, the law of the issuing state governs the nature, extent, amount and duration of child support payments and other obligations of support as well as the payment of arrearages.

That being said, if the New York order is enrolled in Florida and all of the parties and the child reside in Florida, Florida may have jurisdiction to enforce and modify the New York order.

In that case, Florida law may apply to the modification proceeding, but, if child support was ordered in New York to be paid until age 21, and that provision of the order is non-modifiable in New York, Florida likely cannot modify that particular provision of the New York order either.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Maryland Divorce Lawyer Sara L. Schwartzman, please contact Cordell & Cordell.

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