My child is 18 yrs old and is no longer living with her mother.I am paying child support in New Hampshire and have recently learned through a subpoena that my daughter is living in New York state. Can child support charge me in 2 states on the same child? What steps can I take to have the child support stopped in both states?

If the child is 18 and no longer in school, you shouldn't have to pay at all, except back child support if there is any. You should only have to pay for support to the guardian that the child is living with at the time if she is still in school. If you have been paying somewhere that she is not living, the person collecting is breaking the law if not sending the money where it needs to go. You might want to contact an attorney, or Child Support Enforcement if you are going through them to make your payments.

You need to give us a few more details. Which state do you live in? If you have a NH child support order and you live in NH, it doesn't matter where the child lives, NH has continuing exclusive jurisdiction over support. That means that NH law on the termination of support will apply (you'll have to check when it ends in NH) as well as the NH child support guideline. Also, any modification of support will have to be in NH.

Any state can (and will) enforce the NH order but there is no double-dipping of course. It would also be helpful to know when the CS order were entered because the law changed about 10 years ago nationally (not exactly at the same time) and there was an older act in place before that that might still need to be looked at if there were multiple cs orders entered previously. It may not matter in your case but it can get fairly complex if you've got an old order going back 15 years or so. Prior to the current law we have in all states (UISFA) it was common and permissible to have multiple child support orders from different states and, although there was no double-dipping as such, there was a sort of complex off-setting process that applied to enforce the orders simultaneously (that we fortunately have gotten rid of under UIFSA--I know it sounds bizarre but that's the way it used to be).

I live in New York State. The ex wife moved to New Hampshire about 3 yrs ago and New Hampshire took over the support case but, because I live in NY and she lives in NH it became an interstate case. According to NH the support ends 6/09 but, my daughter has recently brought a case against me in NY state. I know it's a bit confusing but, that is why I;m asking questions. As for a lawyer, that is not an option. This whole ordel has left me and my wife broke and now we are both unemployed.

The original CS order was issued in 1990 in NY state but, the case was transferred to NH when they moved there in 2002.

I live in New York State. The ex wife moved to New Hampshire about 3 yrs ago and New Hampshire took over the support case but, because I live in NY and she lives in NH it became an interstate case. according to NH the support ends 6/09 but, my daughter has recently brought a case against me in NY state. I know it's a bit confusing but, that is why I;m asking questions. As for a lawyer, that is not an option. This whole ordel has left me and my wife broke and now we are both unemployed.

You case is pretty straightforward jurisdictionally. Since you have a NY support order and you still live in NY (and your daughter is back as well), NY still has jurisdiction over the order for purposes of modification and duration. It's only being enforced in NH - like it would be anywhere else- because your ex lives there.

For a determination of how long your child support obligation lasts you need to look to NY law. We have some people here on the board who are really good with NY state law- I'm in California and I'm not sure what NY does with terminating child support (some states have college-level support and some - like Calif.- do not).

You and your ex could stipulate that NH have jurisdiction but you'd have to do that in writing or in open court in a NY court (unlikely she'd agree if she's getting a better deal under NY's CS guideline and its rules on termination of support).

But you asked a really interesting question and that is, what if the child is still within child support age but not living with the co-parent (and of course not living with you)? Who gets the support? Again, check with someone familiar with NY law, but in California we have an appellate case that sounds a little like this and I recall the ruling was that the parent primarily supporting the child gets the support. Of course, if the child is self-supporting under our rules on termination, CS would end anyway after age 18.

my daughter has recently brought a case against me in NY state.

A case for what? How do you know this? Did you receive a summons?

As far as I know a child generally cannot bring suit against a parent for support. Support is paid to the custodial parent to be used on the child's behalf. So only the mother could bring a case against you.

A case for what? How do you know this? Did you receive a summons?

As far as I know a child generally cannot bring suit against a parent for support. Support is paid to the custodial parent to be used on the child's behalf. So only the mother could bring a case against you.


I did receive a summons for child support from my daughter. My ex has nothing to do with this one. I need to know what steps I could take to have the case dropped and if there is some way I can have her emancipated. As far as I know she left my ex wife's home on her own and moved in with my nephew, her sister, and their 2 kids in NY state, working a 40 hr a week job,and not going to school. She applied for public assistance and filed a support case against me. I'm really hoping that someone here can give me some advice on how to clear this matter up. I have 4 other kids that live with me and can not properly take care of them because this mess.

What is the exact wording of the summons? Like I said, I don't think a child can file against you for support. It may be a matter of just going to court and presenting your proofs that you have been paying support but that she no longer lives with the custodial parent.

However, if she has legal representation you better get your own attorney or you will be at a distinct disadvantage.

What is the exact wording of the summons? Like I said, I dont think a child can file against you for support. It may be a matter of just going to court and presenting your proofs that you have been paying support but that she no longer lives with the custodial parent.

However, if she has legal representation you better get your own attorney or you will be at a distinct disadvantage.


It says and I quote
SUMMONS SUPPORT
Family Court of the State of New York
In the matter of a support proceeding

Petitioner (MY daughter)
Against
Respondent (Myself)

BY ORDER OF THE FAMILY COURT OF THE STATE OF NEW YORK

YOU ARE HEREBY SUMMONED to appear before this court
DATE/TIME
Purpose: Arraignment
Part
Floor/Room
Presiding
Location

A petition under Article 4 of the Family Court Act

ON failure to appear as herein directed, a warrant may be issued for your arrest.

End quote.
I hope this helps.

Ok the provisions of Article 4 can be found here:

duty to support spouse and child, Orange County NY divorce attorney, NY Family Court Act, Article 4, Part 1 (http://www.garygauthier.com/familycourt4pt1.html)

The key for you is section 415. Since your daughter has applied for public assistance, the state is coming after you for a portion of it. What should happen when you go to the hearing, is you show that you have been paying support through NH, but since your daughter is no longer living with the custodial parent, the suppoert you were paying should cease and you should now be paying NYS which will forward the money to your daughter.

So in order for them to hit me with child support in NY, the support in NH would have to stop?

A warrant issued? My gosh. This isn't a contempt proceeding is it? Are you behind in your support?

Based on what you said, in California you'd be free of any support obligation and CS would terminate. But you are in NY, so check with a NY attorney. I don't know how long CS lasts in NY in your case (we do have a board participant who probably knows and is really good, so hopefully she will post a reply).

so in order for them to hit me with child support in NY, the support in NH would have to stop?

There can only be one support order, not two. And NH doesn't have a support order against you (it can't as a matter of law). NH is only enforcing the NY order.

There can only be one support order, not two. And NH doesn't have a support order against you (it can't as a matter of law). NH is only enforcing the NY order.

So NH is enforcing it for NY and NY is enforcing it for NH?

so NH is enforcing it for NY and NY is enforcing it for NH?

No. Your daughter went on welfare so it's something like a modification of the existing order. Like modifying who gets the money (now the state of NY, not your ex due to welfare reimbursement).

No. Your daughter went on welfare so it's something like a modification of the existing order. Like modifying who gets the money (now the state of NY, not your ex due to welfare reimbursement).

She isn't even getting welfare at the moment. The original cs case was transferred to NH and NY is collecting for NH. Is there anyway I can get this merry go round of child support to stop?

You are missing the points here. First NH is enforcing the NY order because your ex moved there with the daughter. At the hearing, you should be able to show proof that you were paying through NH and the judge will issue an order to NH to cease collecting.

As I said, normally the child cannot file for support, but when she applied for public assistance, the social worker, as SOP, had her file for support under Art 4, Sec 415.

You will know go to a hearing where you will show the judge that you were paying through NH. The judge will then modify the NY order so you will now be paying through NY and it will go directly to your daughter as long as she is on public assistance or until age 21.

What you will have to pay will be determined by the judge.

At least that's how I read the law.

So I should just bring proof that I'm paying in NH and the case will be transferred back to NY with modifications if necessary? But, should I still file an order of emancipation on my daughter?

You should invest in a consultation with a NY attorney at a minimum.

You asked about emancipation? In every state I've ever heard of 18 is already emancipated, so what are you talking about? She IS an adult. So the only question is whether she's still entitled to child support and if so for how long.

If you were in California it would be all over. But you are in NY so check this out with someone who knows NY child support law.

Please read the law that I linked you to. I don't think emancipation applies here. In NYS CS goes to 21. Section 415 says that if she's on public assistance then you pay support until she's off public assistance or becomes 21. Its very clear.

OK guys, I go to court tomorrow for this whole mess. Any advice for me and what questions should I be asking?

Just to update things she is working 40 hrs a week and living with my nephew and her sister(sister is not my child but, nephew's girlfriend) with their 2 kids. The sister is already receiving public assistance which pays the lot rent on the trailer my nephew owns. My daughter is trying to get Public assistance in the same trailer. Any help with what I should say in court would be appreciated. I will let you all know what happens but for the time being I just need little help on figuring out what to say in court.