Log in

View Full Version : Why does New York child support refuse to transfer my sons case to where he lives


eugeniame
Feb 23, 2016, 07:05 PM
My son used to live in New York, but currently lives in Illinois. Child support - current and arrears are being taken in both states for his youngest daughter. He used to have a good job, but has been struggling to survive because although he has requested modification of his New York payments they have refused to adjust them to reflect his current income. The mother filed in Illinois because she said she is not getting payments, although my son's checks are being garnished for child support. She has refused to close one of the accounts. She lives in Georgia, no one currently lives in New York. He has two daughters, and between the two cases he usually ends up with about $400 a month. Sometimes less. Is there anything that can be done to alleviate this situation?

Fr_Chuck
Feb 23, 2016, 11:18 PM
Ok, your facts not very clear

1. Who does the child live with, mother or father

2. In which state is the father living

3. In which state is the mother living

4. In what state does the child live.

5. Where was the original court order issues ? New York


Assuming the child support case was from New York.
It can be moved to the state where the child is currently living (not just where the father is living)

ScottGem
Feb 24, 2016, 06:12 AM
A child support case starts where the divorce was filed. It remains in that jurisdiction until one of the parties requests it be transferred AND both parties no longer reside in that jurisdiction.

You said they are collecting arrears. It is possible that NYS paid the mother public assistance monies, that have not been repaid. So NYS may not want to relinquish the case until all monies have been repaid. You referred to two cases, different children. Mothers?

Sounds like your son needs an attorney to wade through this.

If you son wants to change jurisdiction, he has to file where the child lives. You said he has 2 children