Legal Question in Family Law in New York
child support
I was divorced in a state where the age of emancipation is 21. By stipulation of settlement, my ex was to pay child support until the age of 21. I have since moved to a state where the age of emancipation is 18. The support order was modified once to increase the amount of support when both children surpassed the age of twelve. The new modification stated that support was to be paid until the age of 18. Doesn't the age we both agreed on in the divorce settlement remain? I am now seeking a second modification. Is it too late to correct this error? I found a statute that states: ''A tribunal of this State may not modify any aspect of a child support order that may not be modified under the law of the issuing state.'' So I guess my question is two-fold. Can a state whose emancipation age is 21 modify that to a lesser age, and if not, is it possible to correct this since this is now my second modification?
2 Answers from Attorneys
Re: child support
From your question, it sounds as if you've moved to Maine (with the children) and that there has been a modification of the original order in Maine that also modified the length of time support will be paid. If that is the case, you will probably have a difficult time attempting to undo that portion of the modification.
By bringing the modification action in Maine and having an order entered in that state, you and your ex have both submitted to the jurisdiction of the state, and by doing so, you have submitted to the court's jurisdiction to modify the order.
If this reduction in time support is to be paid was an error or an omission, and the modification was recently made, you may be able to appeal or otherwise seek relief.
If not, there must exist truly substantial circumstances to warrant the change. It will really depend, in my opinion, on how and under what circumstances the Court reduced the time at issue.
Re: child support
Your NY Divorce Judgment and (original) Child Support Court Order, can only be modified to the extent that the modification, is consistent with NY Law; "Reciprocity" and the Interstate child support law pact," recognized by the States.
The Interstate Uniform Child Support Rules and Regs, Pact, between the states is strictly enforced, in large part, to prevent forum shopping and hopping.
Thus, if the Child Support Court Order entered in Maine, was an Upward "MODIFICATION" of your existing NY Child Support Order, it was a mistake, that you should challenge.
Note, if left unchallenged, most states automatically attempt to impose it's state's child support law and will continue an Order, pursuant their law, even where the state "originating" the order has a different age of majority.
To wit: NY will continue a child support order to age 21, where the originating State's child support age of majority is 18 and original child support order has ended at age 18. They should not do that, but they do, UNTIL challenged.
Good luck,
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