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I currently live in Georgia. My daughter lives in NY. My original and existing Support Order is from Illinois. I am looking to modify the existing order. I believe I need to do the modification in NY. My existing Illinois order has me paying support until my daughter turns 18. New York's law has support paid through the age of 21. My question is, if I do a modification through NY, will I then have to pay support until my daughter is 21?
How long have you resided in Georgia? How long have your ex and your daughter resided in New York? Why do you need to modify the existing order?Quote:
Originally Posted by BryaninATL
A few different things could change if the case changes venue. Not only would you be required to pay for the extra three years, but income guidelines and different in each state - you could pay more or less simply by it transferring to New York.
I don't know that any court but the one in Illinois can modify an Illinois child support decree.Quote:
Originally Posted by BryaninATL
That wasn't the question. Obviously Illinois has jurisdiction in Illinois, not elsewhere.Quote:
Originally Posted by AK lawyer
The question was regarding a change of venue from Illinois to New York. He used the term "modification" when he should have used "venue change."
If he files the paperwork, Illinois may very well order the change of their own accord due to neither parent residing in that state any longer.
Illinois had jurisdiction to make the decree. That decree continues to have force and effect and is binding on the parties. The fact that the parties since moved doesn't change that.Quote:
Originally Posted by this8384
Venue issues are concerned with where a case will be decided. This case has already been decided, so "change of venue" is not applicable. The real question is whether the decree can be modified so, yes, "modification" would be the appropriate term. Now that I think about it, I suppose another state could entertain a petition to modify, the obligations existing between the parties as embodied in the existing decree, but it remains an open question as to which state would be the more appropriate one: New York where the obligee lives or Georgia where the obligor lives. There are good arguments for each state.
Since both parents no longer reside in IL, jurisdiction has now changed. The OP could file in IL, but the mother can request jurisdiction be changed to NY and the request will probably be granted.
Once jurisdiction has changed, I believe the laws in the new jurisdiction will apply.
I am indeed seeking a modification, due to the fact I am unemployed. I have lived in Georgia for 8 months. My daughter has lived in NY since the original support order was issued (1998).
If neither of you remains in Illinois, both you and she can move it to the child's current home state/NY/. If you want to modify child support, the new state's child support statutes would govern.
YES it can change, but it is not automatically, the mother will have to file a modification asking for the change in support.
All the terms of the IL agreement stay valid, until it is modified,
Merely making one modification does not change it to other terms unless they are requested.
So once you file in NY, the mother can respond and ask for all the terms of the NY laws. And she can merely do that anyway.
Fr_Chuck-
I read a posting of yours from another "Question." You really seem to be knowledgeable in this area & I appreciate it.
Bryan, if you had actually read my entire answer which was:Quote:
BryaninATL does not find this helpful : I am aware I may pay more/less support, based on state guidelines. However, my order states support ends at 18. If NY takes over jurisdiction, would all other components of the order (specifically age that I must pay until) also revert to NY law?
You would have realized that your question was answered already.Quote:
How long have you resided in Georgia? How long have your ex and your daughter resided in New York? Why do you need to modify the existing order?
A few different things could change if the case changes venue. Not only would you be required to pay for the extra three years, but income guidelines and different in each state - you could pay more or less simply by it transferring to New York.
Comments on this post
BryaninATL does not find this helpful : I am aware I may pay more/less support, based on state guidelines. However, my order states support ends at 18. If NY takes over jurisdiction, would all other components of the order (specifically age that I must pay until) also revert to NY law?
First, may I call your attention to the guidelines for using the comments feature found here:
https://www.askmehelpdesk.com/feedba...ure-24951.html
I found it interesting that you complimented Chuck after giving him a not helpful. You really should have browsed around and familiarized yourself with the site rules before you gave invalid negative ratings to people trying to help you.
Your question wasn't even that complex. Jurisdiction is clear. Since neither parent resides within the jurisdiction of the original court then jurisdiction will revert to the residence of the child. And once jurisdiction changes so do the governing statutes.
He gave Chuck a greenie. And I agree, nothing "complex" about this at all. As you said, Illinois no longer has jurisdiction over this case and it should have been transferred 12 years ago.Quote:
Originally Posted by ScottGem
Whoops, it was AK that he gave a reddie to.Quote:
Originally Posted by this8384
The question IS complex for the OP because he wants to pay less and for short time.;)Quote:
Originally Posted by ScottGem
So did I.Quote:
Originally Posted by ScottGem
Il,NY and Va adopted both UCCA and UIFSA /Uniform Interstate Family Support Act/.Thus UIFSA is applicable to his case.This uniform law attempts to avoid multi-state support actions by favoring litigation in the state where the child is living. In this circumstance, the state in which the child lives should have jurisdiction to modify the support order.Quote:
Originally Posted by AK lawyer
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