Legal Question in Family Law in Florida

Child Support Order/Residency

My child was conceived and born in New York. The bio father and I were never married, he had no contact with child. We moved to Florida when the child was 18 months old. I filed here in Florida for child support after living here for 6 months. I understood that 6 months is the time period that establishes residency. If filed through CSE, not a private attorney. I was told by a private attorney that I would receive 2 years back child support. When the bio father was notified in NY the hearing was set in NY. I questioned why the order will be made in NY and they said because that is where the bio father lives and works, therefore NY must make the support order. I wanted this to order to be made under Fl. law. I will not get back support in NY, only goes back to date of filing. Also, if bio dad moves out of NY, who then is responsible for collecting the support from him. If I filed in FL. why are the court proceeding taking place in NY and order being made under NY law? Pleae help.


Asked on 1/02/04, 10:13 pm

1 Answer from Attorneys
Annelies Mouring C. Annelies Mouring, Esq.

Re: Child Support Order/Residency

You are acting under a Federal law called URISA, FL does not have Jurisdiction over the Father only NY. Personal Jurisdiction is required otherwise the court has no power. However, in FL the court would have to apply the law of the foreign state, ie. NY law, so I would guess that NY would also. You would need to check with a NY attorney familiar with Title IV-D to be sure on NY law. If he moves from NY then you can get the new state after the 6mo. to enfore the Court Order.

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Answered on 1/03/04, 8:55 am


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