Legal Question in Family Law in New York

Emancipation of Minor

My separation agreement was made and filed in Ohio over 10 years ago. My children and I moved to New York State and have resided here ever since. Ohio law controlled. My daughter is now 18 and emancipated in Ohio. Ohio states they no longer have any jurisdiction. Can she now file for child support in New York where the age of emancipation is 21 or through college?


Asked on 3/02/07, 10:21 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Emancipation of Minor

You can try. But, you probably will not succeed, for several reasons, that include but are not limited to: "forum shopping" "reciprocity" and federal uniform child support regulations and codes, issues.

Please note, if the father continues to live and work in Ohio, even if you obtained a NY Child Support Court Order (which is uncertain), it would be contradictory to your preexisting Ohio Child Support Court Order, (although expired), which the Ohio Courts would not be required to enforce.

Good luck,

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Answered on 3/02/07, 5:29 pm


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