Can Child Support be Changed in a Different State

I need help... please tell me how to handle this situation...

I divorced in Hawaii 1999 with a visitation & child support included. I have paid every penny of the support on-time and uninterrupted with my up and downs in income.

Now I am unemployed and disabled receiving pension from military living in CA. She is now in NY with Child.

Problem::grumpy:

-My original support agreement is until age 18. Child turns 18 this month September meeting my support agreement from HI.
-August, Ex files support claim to NY stating I am not providing within my means, court date November this year.
-NY requires child support until age 21 maybe why she filed against me.

Thoughts::confused:
-I don't think NY has jurisdiction of me to enforce this request?
-All 7-8 requirements to get jurisdiction of me I don't meet.
-I did read if I reply to any summons sent to me, NY will get jurisdiction of me?
-I met my requirements as per the 1st agreement to a T. from HI.
-If I don't reply summons or appear, it states I will have warrant for arrest?

Help::wallbang:
If I am right about above, how do I fight this unjust claim against me and protect myself?

Thank you...

***bump***

(Why are we bumping this one, hun?)

OP needs an attorney. Given that neither he nor the child (nor Mom) live in Hawaii, it's not outwith the realm of possibility that NY will catch ahold of this.

If OP can't afford an attorney, he needs to respond with NOTHING other than a motion to dismiss due to lack of jurisdiction.

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Quoting Dogmatique

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(Why are we bumping this one, hun?)

OP needs an attorney. Given that neither he nor the child (nor Mom) live in Hawaii, it's not outwith the realm of possibility that NY will catch ahold of this.

If OP can't afford an attorney, he needs to respond with NOTHING other than a motion to dismiss due to lack of jurisdiction.

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However, even if NY ends up not having jurisdiction, I suspect that dad is still going to end up paying child support until next may or june, because I would hazzard a pretty serious guess that the child is a senior in high school.

DO NOT ignore the suit.

It appears that the goal of mom's suit is to extend the child support order from 18 to 21.

I concur with Dog that you should respond with nothing more than a Motion to Dismiss for Lack of Subject Matter Jurisdiction.

The Uniform Interstate Family Support Act is the controlling law in this case. The official comments to the Uniform Act note that the "age of emancipation" is an example of a "Nonmodifiable Aspect" of a child support order.

So even if mom could somehow get NY to assume jurisdiction, New York CANNOT increase the duration of the original order from 18 to 21. Nor can it modify it to extend it beyond whatever date is in the Hawaii order. So if the Hawaii order states it ends at 18 and there is not a clause for high school graduation, then support ends this month. If there is such a clause, it ends at the time that condition is met.

Recent NY Case Law
http://www.nycourts.gov/reporter/3ds...2008_01256.htm

UIFSA Guidelines
http://www.acf.hhs.gov/programs/cse/fct/uifsahb.htm

Thank you everyone for the replies. My daughter turns 18 this month and is set to attend GED training in NY. The HI decree states if she is to continue higher education (college I believe) and not broken.

I contacted a lawyer in NY for a consult. He states my ex lied on the petition. He states it is written as a new claim of support with no prior award ever given.

I don't want to cause her a lot of pain, but I don't want this to keep coming up. How do I submit a motion without losing my jurisdiction? I read if I respond to the summons, it is possible for NY to assume jurisdiction of me???

Thank you very much again all!!!

- - - Updated - - -

"payments of child support shall continue for each child until the child attains the age of eighteen years, or graduates from high school, or discontinues high school, whichever occurs last"

This is from the decree. How does this read??? I see 18 years old....

Quote:

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Quoting sparkygunner

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..."payments of child support shall continue for each child until the child attains the age of eighteen years, or graduates from high school, or discontinues high school, whichever occurs last"

This is from the decree. How does this read??? I see 18 years old....

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If the child is on track to get a high school diploma (or GED equivalent) when she turns 18, then you should be required to pay until she finishes her GED.

From your questions, it does not appear you are prepared to file a proper response without an attorney. If you screw this up by playing games with your notions of what constitutes jurisdiction and you do not properly respond to the NY summons, and the NY court renders a child support order against you for the wrong reasons, you will be on the hook for that, since it is even more unlikely you will have the resources to appeal that.

Thanks for the reply Tex,

I was at 1st thinking the same 18 up to 19 for GED training. But I read on Hawaii Govt Site:

http://hawaii.gov/ag/ocsh/cs_issues/cs_oblig_termin

Which it states higher learning like college and not GED training.

A little history... My child did not complete high school because my ex sent out of country for like 3 years without my knowledge returning in July and in NY. I believe there is also a 6 mos rule too... but judges can use the rules loosely so I hear. So High School was stopped and my ex was not in direct care of my child.

Yes, I don't know how to file the proper paperwork. The lawyer is kind of expensive thought and need to find one I think. I am a disabled military member living on my pension from such. I still made my payments even it was taking a good chunk of my pension. Now I cannot work because of my disabilities and makes it harder every day.

If the state govt page is right, I should be ok at 18, but not 100% sure.

My thoughts after reading and comments:
-NY does not have jurisdiction on me being in CA and not meeting the criteria to gain jurisdiction.
-The petition to the court of NY is an official false statement from the ex stating no order was ever given in any court.
-I never missed a payment to her. I have requested letters from my old payroll.
-If they attempt to modify the order (which expires this month), Interstate rules say based on CA right? CA is 19 years old.

Did I miss anything or how is best approach? There is many things to dismiss the case, but a good approach??? I don't think my ex has a copy of the order now.

Quote:

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Quoting Dogmatique

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(Why are we bumping this one, hun?)

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I bumped it because I noticed the thread had been posted at around 4:30 pm, and it was 8:30 am the next day. I knew some people here would have good answers, but I did not. : )

Sorry, does anyone have some advice to my questions? Thank you...