View Full Version : UIFSA in NY and registering in FL who has jurisdiction?
chrissy778
Jul 27, 2010, 08:37 AM
I live in NY. My child's father resides in FL. UIFSA would like me to register with FL to help enforce the child support court order here in NY. Does this mean I am giving Jurisdiction over to FL? Florida State law requires you only need to pay child support until child reaches 18 or graduates High school at 19. In NY the law requires child support to be paid until age 21 and also may ask to help with college tuition. I do not want to sign antything that might give FL Jurisdiction to stop child support at 18.
JudyKayTee
Jul 27, 2010, 08:39 AM
Your Order prevails - if Florida is simply enforcing a NY Order, nothing changes. Jurisdiction does not change unless you make an application to change it.
This is not uncommon but READ what you sign.
ScottGem
Jul 27, 2010, 09:58 AM
Also, if the order was issued in NY and you and the child continue to reside in NY, NY retains jurisdiction.
chrissy778
Jul 28, 2010, 05:45 AM
This was very helpful. Thank You so much. I was also wondering if the non-custodial parant could modify the court order to Floridas jurisdiction after it is registerd there?
ScottGem
Jul 28, 2010, 05:48 AM
The rule is that as long as one parent remains in the jurisdiction where the order was issued, that area retains jurisdiction.
However, if you are concerned about a change of jurisdiction affecting the length of the support, that shouldn't happen. The rules in effect when the order was issued should remain in effect. Even if NY were to change the law to end support at 18, your order, since it was issued when the max age was 21 would be grandfathered in.
JudyKayTee
Jul 28, 2010, 05:52 AM
And Florida is simply enforcing the NY Order - I see no transfer of the case to Florida. This is not uncommon between States.
chrissy778
Jul 28, 2010, 05:52 AM
Thank You
cdad
Jul 28, 2010, 12:59 PM
Reference material for this thread:
Legal Definition of UIFSA (http://www.duhaime.org/LegalDictionary/U/UIFSA.aspx)