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Child Support Petition After the Custodial Parent Obtained Public Assistance

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  • 01-15-2017, 02:04 PM
    2017newbie
    Child Support Petition After the Custodial Parent Obtained Public Assistance
    My question involves a child custody case from the State of: NY

    I received a summons to provide financials in NY under Uifsa. my daughter lives in a state where support ends at 18- ny is 21 which jurisdiction applies. I didn't know my ex was getting assistance as I've also been giving cash and paying for clothing etc. for the child.
  • 01-15-2017, 02:06 PM
    llworking
    Re: Iv-D Case New York
    Quote:

    Quoting 2017newbie
    View Post
    My question involves a child custody case from the State of: NY

    I received a summons to provide financials in NY under Uifsa. my daughter lives in a state where support ends at 18- ny is 21 which jurisdiction applies. I didn't know my ex was getting assistance as I've also been giving cash and paying for clothing etc. for the child.

    Did you have a question? I can see several potential questions in your statement but I have no idea what you were trying to ask.
  • 01-15-2017, 02:32 PM
    2017newbie
    Re: Iv-D Case New York
    Yes, will the New York age of 21 apply or the state where my child lives of 18?
    This is my first appearance I guess to get an agreement in place so I'm not sure what to expect. Do I need to object to NY jurisdiction? Trying to understand how it will work in court.
  • 01-15-2017, 02:47 PM
    qwaspolk69
    Re: Iv-D Case New York
    Do you have a court order that you pay child support or have you just been giving your ex money directly?
  • 01-15-2017, 02:54 PM
    2017newbie
    Re: Iv-D Case New York
    No support order in place. My ex has always said they didn't want money from me but everytime I've visited my child I've given money. I didn't know my ex was also collecting public assistance. I've given cash so I now have no proof.
  • 01-15-2017, 03:52 PM
    qwaspolk69
    Re: Iv-D Case New York
    Quote:

    Quoting 2017newbie
    View Post
    No support order in place. My ex has always said they didn't want money from me but everytime I've visited my child I've given money. I didn't know my ex was also collecting public assistance. I've given cash so I now have no proof.

    You realize none of that counts right? It's all considered a gift unless I think she says she got it from you. Once you have an order in place, that money is just going to go the state that they take from you since she was on assistance.

    Never give an ex cash. Ever. Lesson learned.

    "If there are proceedings simultaneously going on in two different states, the Act will help deterrmine which state should exercise jurisdiction. If New York issues a child support order under New York law, New York will continue to have exclusive jurisdiction over the order, provided the child or one of the parties still lives in New York or consent has not been given for another state to assume jursidiction. New York employers, under the law, are supposed to treat income-withholding orders from another state the same as an order made in New York. Orders from other states can be enforced by the Support Collection Unit in this state, as long as there is not a contest to enforcing the order without registering it."

    http://www.longislandfamilylawandmed...y-support-act/
  • 01-16-2017, 03:11 AM
    jumanji
    Re: Iv-D Case New York
    How long was Mom receiving assistance and what is the other state involved?
  • 01-23-2017, 10:59 AM
    2017newbie
    Re: Iv-D Case New York
    There is currently no child support agreement. I receive a summons to go to NY courts and bring my financial information.
    Will I be able to object to this case being heard in NY courts instead of the home state of the custodial parent/child? I think they are sending to NY since the age is 21 and it's only 18 where they reside.
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