Legal Question in Family Law in New York
Interstate Child Support
My son and I reside in NY. At the time I filed for child support I mistakenly gave an incorrect NJ address for my son's biological father. Now the biolgical father states he lives in Florida and is collecting social security disability. I was informed by his lawyer that it is ''in my best interest'' to vacate the Jersey order and file for social security for my son. Is this my only option? Is it possible to transfer the case to Florida as opposed to vacating the NJ order?
1 Answer from Attorneys
Re: Interstate Child Support
I am not sure I understand the 'nature' of the error you refer to when you say you gave an "incorrect address" for the father in NJ.
If the "sense" of that is that he may have a legitmate claim that he did not receive notice of the proceedings, then it may be that the order you have {from NY?} is defective.
In any event: if the boy's father IS receiving social security disability benefits, the boy IS entitled to receive a benefit that may be as much as 1/2 of the father's benefit and, yes, *you* do have to apply for it {but, unless there's some dispute about paternity, the child's eligibility should be determined quickly and there will likely be a "lump sum" payment for retroactive eligibility}.
So: DO track down the contact information for the nearest social security office and get that process underway.
Regards, etc.,
J.M. Hayes
>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<