Legal Question in Family Law in New York

Moving to a different state to OBTAIN child support
I am the non-custodial parent of a child reaching 18 years of age. The Child and her mother reside in Delaware. My Daughter was born and raised in Delaware and has resided there all of her life. I have faithfully paid child support for more than a decade. In June of 2005, my daughter will graduate from High School. Under Delaware Law, my child support obligation ceases. However, i have reason to beleive that the child's mother will move from Dellaware to New York AFTER my daughter graduates from High School. New York Law provides for child support until the age of 21. So, I believe the mother's move to new york is for child support purposes only. So, i have the following question: Will the mother be able to obtain child support from me AFTER moving to new york even though the child never resided in new york and in fact, will not reside in new york (because she is off at college possibly on a scholarship). Is there awaiting period before she can apply for child support (i have heard the laws ofthe state you previously lived in continue to apply for a period of six months),

Asked on 8/29/04, 1:26 pm

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

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Re: Moving to a different state to OBTAIN child support

If a court order issued in Delaware for the payment of child support then, in almost every event, Delaware retains

continuing jurisdiction over the matter. You should speak to an attorney about maintaining jurisdiction in Delaware.

If no court order issued then you will need to address

the matter under a proper juridiction. You may have more than one option for jurisdiction (but not after filing

has occurred by either party). You should contact an attorney should you need assistance.

Answered on 8/30/04, 9:53 am

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