Should I Still Pay Child Support for an Inmate

Hi folks, I am Buttons from NH, and I am new here. I have been going nuts for the past 8 months trying to resolve my child support issues/questions. I stumbled upon this site and you folks really seem to know your stuff, so I am so hoping you can help me, or at least guide me in the right direction.

In a nut shell I am paying child support for my 19 1/2 year old son who now resides in Florida. The child support is out of NY (which means I pay till he is 21), and I am in NH. However, my son has not lived with his mother for many years and now he is in a Florida prision, and will be there for over 24 months. He has been there since 1/5/07

My question, does him being in prison make him amancipated and hence (under NY law) I would no longer need to pay the order.

I really would like to know as I am not a rich person and I would rather spend the child support money on HIM directly, maybe even arrange to visit him some day. His mom is on public assistance and has three other children (ages 10 and under). I feel she is using my support for herself and other kids, but I want my son to get this instead.

Does anybody know, or know how to go about this, as I obvioulsy have no funds for an attorney.

OOH, one last thing, I did petition the NY court re: this (as the support order is out of NY) however NY said since they live in Florida I have to deal with Florida. This so does not seem right to me however, I have sent lots of letters to Florida (the Clerk of courts, Public Assistance office and main Child support office for the county) with no response.

Thank you all very much!!!!

Given that it is unlikely that his mother is providing for his support at this time, it would make sense to petition to modify support based upon his incarceration.

As for the jurisdictional question, unless jurisdiction over the support order was transferred to Florida, you should be able to modify the order in New York. As I know nothing about the procedural history of the case, I do not know why the New York court gave you that information.

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Quoting aaron

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unless jurisdiction over the support order was transferred to Florida, you should be able to modify the order in New York. As I know nothing about the procedural history of the case, I do not know why the New York court gave you that information.

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I really have no clue, all I know is my employeer gets stubs monthly from NY and submits the payments. I also get stubbs at my house for payment, but I toss tham as my support is being paid by my employeer.

The Exact termanology I got from my response when I petitioned the NY Court (Suffolk County, Denise Livrieri, Support Magistrate) reads as follows:

"The petitioner resides in NH and the respondent resides in Florida. The petitioner can file a petition through the state of Florida":wallbang:

Did you ask how to terminate the child support order or did you ask how to emancipate your son?

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Quoting jojo4

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Did you ask how to terminate the child support order or did you ask how to emancipate your son?

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I asked to terminate the order based on the fact he was emancipated. was that wrong???

And the court paper I received from NY noted the order as "Order of Dismissal"

No, I was just asking for clarification as to what you were trying to do through NY.

Are you positive that the order has not been domesticated in FL?

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Quoting jojo4

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Are you positive that the order has not been domesticated in FL?

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Like I said my employeer pays the support to NY. NY is the only agency I have ever dealt with. But is there a way to tell??

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Quoting Buttons

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Like I said my employeer pays the support to NY. NY is the only agency I have ever dealt with. But is there a way to tell??

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If the order was domesitcated (or registered) in FL, NY would still collect the payments and send them to FL.

You need to get a copy of your order and all subsequent motions/modifications to know exactly what you are dealing with.

That's the only thing I can figure if NY is telling you that you will have to handle this through FL.

As for dealing with FL, there is another poster on here that can pretty much give you step by step instructions. I'll send her a PM and ask her to take a look at this thread.

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Quoting jojo4

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As for dealing with FL, there is another poster on here that can pretty much give you step by step instructions. I'll send her a PM and ask her to take a look at this thread.

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Thank you very much. Like I said I do not even have a copy of this order, nor do I know where to get it. I honestly do not believe I ever received one, this was all so long ago.

Here's the home page for NY DCSE:
https://newyorkchildsupport.com/

Here's the page to locate local CS offices with contact info:
https://newyorkchildsupport.com/DCSE...hildOffices.do