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  1. #1
    Join Date
    Oct 2011
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    Default What State's Laws Govern the Enforcement of a Child Support Order

    My question involves child support in the State Florida/new york
    I am a nsp and I live in the state of New York. My children and my ex-wife live in the state of Florida. My child support order was written and modified in the state of Florida. Last modification the state of Florida found that I was in arrears , not due to unwillingness but inability and ordered me to pay 6 dollars a month t word this debt.State of new york has and is still going after me with every tool at there disposal. They have ruined my credit , taken my passport, my income tax return ( although I am now a disabled vet and have been since last modification so I have no taxable income ). The judge ordered the state of Florida not to have the arrears effect me negatively such as credit report and bank accounts and IRS ect. . New York has stated they do not care what Florida wants they are enforcing Florida's order by use of the laws regardless. Is this Legal . What can I do to stop this. For the record since my last modification in 2004 I am current with Flordas order.

  2. #2
    Join Date
    Oct 2011
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    5

    Default Re: Can a State Enforce Child Support Order by There Laws or Originating State

    does anyone have knowledge or experience with FFCCSOA. I think this tells New York that it cannot modify or amend and out of state order. They have and continue to do both . I think they can only enforce an out of state order as written. They say they inforce the order by New York law and I think that is illegal. Help

  3. #3
    Join Date
    Sep 2005
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    Default Re: Can a State Enforce Child Support Order by There Laws or Originating State

    It's not at all unusual for a child support agency in the payee's state to enforce a child support order.

    If you are delinquent in paying your child support, there is no reason that fact cannot be reflected on your credit report.

    If you accrue an arrearage to the point that the State Department suspends your passport eligibility, that is one of the consequences of having a significant arrearge of unpaid support.

    New York operates under New York laws. A Florida court's order won't stop a New York child support agency from making reports of your deficiency consistent with its policies and New York law.

    If you want to "stop this", your most obvious choices are to pay off your deficiency or move back to Florida where you claim the judge has for some reason insulated you from this type of consequence.

    You've not indicated how the New York Court has "modified" the support order itself, as opposed to some sort of injunction issued by the court that you're not supposed to suffer any consequences for your arrears. A "child support order" is "a judgment, decree, or order of a court requiring the payment of child support in periodic amounts or in a lump sum". 28 USC Sec. 1738B. The fact that the order addresses other matters as well does not mean that foreign courts are bound by the extraneous rulings.

  4. #4
    Join Date
    Oct 2011
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    5

    Default Re: Can a State Enforce Child Support Order by There Laws or Originating State

    The FFCCSOA confers upon the originating state "continuing, exclusivejurisdiction" to modify its child support orders. The general rule for jurisdiction isstated in subsection (a):

    (a) The appropriate authorities of each State —
    (1) shall enforce according to its terms a child support order madeconsistently with this Section by a court of another state; and
    (2) shall not seek or make a modification of such order except inaccordance with subSections (e), (f), and (i).

    does (1) not tell us that New York has to enforce the order as written and (2) because the kids still live in Florida New York cannot assume jurisdiction and change my support order.

    Now dont look down your nose I gave 60% of my income in support for 4 years while I was unable to get into courts to have it modified after a financial change. I developed underpayment as 60% was not all my obligation .

    As far as New York modifying it they raised my support withheld from disability by almost 50% more in the name of a cost of living. As well New York is charging me interest at 11% when the originating state does not wish either of these facts to happen. The reason the judge did not impose the the full effect of the child support enforcement is that it was apparent that I was doing all I could do and it wasnt enough. Not every situation is identical so I would appreciate the benefit of the doubt until you are given reason to think me a horrible person because I didnt give the 160 dollars a week that I lived off after the 60% was taken . I do appreciate the advice and welcome any more.

  5. #5
    Join Date
    Jul 2010
    Posts
    25

    Default Re: Can a State Enforce Child Support Order by There Laws or Originating State

    Move to FL!

    Here is a good read for you, you're on the right track it looks... http://library.findlaw.com/1999/Jan/1/241468.html

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Can a State Enforce Child Support Order by There Laws or Originating State

    You're referring to an article from 1999? With case law going back to the 70s?

    Do you know whether ANY of the supporting cases are even relevant here? Do you understand how child support actually works? I'm confused, because you seem to be implying - on more than one thread - that moving to a different state will somehow mean that the original child support order (from a different state) will suddenly start using the new state's rules.

    And that just is NOT correct.

  7. #7
    Join Date
    Nov 2011
    Location
    Florida
    Posts
    4

    Default Re: Can a State Enforce Child Support Order by There Laws or Originating State

    If you want the child support reduced, you need to have it reduced by the court in Florida. As has been previously mentioned, New York can't reduce the amount (even if it wanted to).

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