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Can an Adult Child Get Child Support From her Parents After Moving to New York

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  • 01-25-2014, 05:13 PM
    wendygail1963
    Can an Adult Child Get Child Support From her Parents After Moving to New York
    My question involves child support in the State of: New York if the child now 20 moves out . To NY on her own .can she get child support until she is 21 . when she decided to move out . We are in SC
    Thanks
  • 01-25-2014, 05:15 PM
    Disagreeable
    Re: 20 Year Old Moves Out to State to New York . Do We Have to Pay Her Child Support
    Is there a current child support order to age 21 in effect?
  • 01-25-2014, 05:21 PM
    wendygail1963
    Re: 20 Year Old Moves Out to State to New York . Do We Have to Pay Her Child Support
    NO both parents live together she decided she wanted to move to NY . Now sheis serving papers for her own child support . parents are not divorced happily married.
  • 01-25-2014, 05:30 PM
    Disagreeable
    Re: 20 Year Old Moves Out to State to New York . Do We Have to Pay Her Child Support
    The odds are about next to none and slim just left town. First she has not established residency there. You cannot law shop. The UIFSA’s jurisdictional concepts on “traditional” concepts applies. Simply ignore the foolish child. Do not sign for any certified mail or accept process. Cut her out of any inheritance for thinking she could run off to NY and make mommy and daddy support her.
    Quote:

    Long-arm jurisdiction is based on the theory that a person has had “sufficient minimum contacts” with the former state to be subject to the personal jurisdiction of the state’s courts. This long-arm jurisdiction may be asserted in a proceeding regarding child support or spousal support orders.

    A state may establish a basis for long arm jurisdiction under section 201, in eight different ways:

    (1) the individual is personally served with [citation, summons, note] within this State,

    (2) the individual submits to the jurisdiction of this State by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

    (3) the individual resided with the child in this State;

    (4) the individual resided in this State and provided prenatal expenses or support for the child;

    (5) the child resides in this State as a result of the acts or directives of the individual;

    (6) the individual engaged in sexual intercourse in this State and the child may have been conceived by that act of intercourse;

    (7) the individual asserted parentage in the [putative father registry] maintained in this State by the [appropriate agency]; or

    (8) there is any other basis consistent with the constitutions of this State and the United States for the exercise of personal jurisdiction.
    http://www.aaml.org/sites/default/fi...nder-uifsa.pdf
  • 01-26-2014, 07:40 AM
    llworking
    Re: 20 Year Old Moves Out to State to New York . Do We Have to Pay Her Child Support
    Quote:

    Quoting Disagreeable
    View Post
    The odds are about next to none and slim just left town. First she has not established residency there. You cannot law shop. The UIFSA’s jurisdictional concepts on “traditional” concepts applies. Simply ignore the foolish child. Do not sign for any certified mail or accept process. Cut her out of any inheritance for thinking she could run off to NY and make mommy and daddy support her.


    http://www.aaml.org/sites/default/fi...nder-uifsa.pdf

    I think its very bad advice to tell them that they should disregard anything that they receive.

    It is my understanding that if the under 21 year old applies for any kind of state benefits in NY (Medicaid, food stamps etc) that the state will force the issue of filing for child support. They should not win the case, but if the state is involved and they ignore all correspondence, they could end up with a default ruling. They would need to challenge NY having any jurisdiction to order child support.
  • 01-26-2014, 08:54 AM
    Dogmatique
    Re: 20 Year Old Moves Out to State to New York . Do We Have to Pay Her Child Support
    Quote:

    Quoting llworking
    View Post
    I think its very bad advice to tell them that they should disregard anything that they receive.

    It is my understanding that if the under 21 year old applies for any kind of state benefits in NY (Medicaid, food stamps etc) that the state will force the issue of filing for child support. They should not win the case, but if the state is involved and they ignore all correspondence, they could end up with a default ruling. They would need to challenge NY having any jurisdiction to order child support.



    While NY is considered a dreadful state if you're paying child support (and a wonderful state if you're receiving cs), from reading here and "down the street", they're just not going to go after the parents if an out-of-state order exists and the adult child (that is such a weird term sometimes) is subject to that order. An under 21 year old who is not subject to NY jurisdiction will be asked those questions when she applies for state aid.

    Dis is right - but you are also right in saying they shouldn't ignore anything. Those default orders are killer.
  • 01-26-2014, 09:49 AM
    Disagreeable
    Re: Can an Adult Child Get Child Support From her Parents After Moving to New York
    If you read the 8 guidelines handed down by Federal Court. Accepting service subjects them to appearance and thus agreement the proper venue is NY state. Ignoring service means they cannot be pursued for lack of notice.

    Quote:

    (2) the individual submits to the jurisdiction of this State by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
  • 01-26-2014, 10:18 AM
    Dogmatique
    Re: Can an Adult Child Get Child Support From her Parents After Moving to New York
    Accepting service submits you to their jurisdiction?


    (No snark - just completely not getting why accepting service equates to submitting to jurisdiction. Remember spinny?)

    Accepting service enables you to file for dismissal based upon lack of jurisdiction. Refusing service can lead to a default ruling.
  • 01-26-2014, 10:20 AM
    Disagreeable
    Re: Can an Adult Child Get Child Support From her Parents After Moving to New York
    If you accept service and fail to appear, you have accepted the jurisdiction and not responded. A default ruling is likely. Failed service and no notification is grounds to get a default judgment rescinded. At the rescission hearing, if it happens which is not likely, you can argue lack of jurisdiction, lack of residency and all those other nice things. Remember OP said daughter was filing not the state gov't.




    Quote:

    Quoting Dogmatique
    View Post
    Accepting service submits you to their jurisdiction?


    (No snark - just completely not getting why accepting service equates to submitting to jurisdiction. Remember spinny?)

    Accepting service enables you to file for dismissal based upon lack of jurisdiction. Refusing service can lead to a default ruling.

  • 01-26-2014, 10:34 AM
    Dogmatique
    Re: Can an Adult Child Get Child Support From her Parents After Moving to New York
    Oh! Okay, yes - we're actually on the same page.

    If you accept service and fail to appear....that's different. Accepting service and responding with anything other than a motion to dismiss will also play into the plaintiff's hands.

    Accepting service in an of itself though does not - it's what you do about it that matters.

    I realize this is a different case, but I'd like to illustrate the point for the OP.

    Plaintiff filed first, in Florida.
    Defendant filed separate motion in Wisconsin.
    Instead of Plaintiff filing motion to dismiss the Wisconsin filing, he went ahead and filed an answer instead, thus submitting to WI's jurisdiction. He also simultaneously kept filing in Florida and though jurisdiction SHOULD have been in Florida, he screwed up every time he answered the defendant's motions.

    He ended up losing the jurisdiction battle for the simple reason that he didn't file to dismiss, but instead wrote War & Peace as his answer.

    (It got worse, but that's the basic point)
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