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HarKel1 · Nov 14, 2012, 11:43 AM

The mother of my child lives in Maryland where my child was born.

I live in New york.

The mother petitioned for child support through New York's family courts.

Can I get it changed so Maryland has jurisdiction and Marylands rules apply?

ScottGem · Nov 14, 2012, 11:46 AM

Is this the first court action concerning custody or support? If so, then jurisdiction may lie with the original court. If not, then jurisdiction usually rests with the home state of the child.

HarKel1 · Nov 14, 2012, 12:48 PM

Yes it is.

She applied in April and a court date was set for August. I attended that and was ordered to submit for paternity testing which I did.
Another hearing was set for October which I was unable to attend due to Hurricane Sandy.
I just received an order of support by default judgement.
I am about to file a motion to vacate the order based on the fact that I wasn't able to attend because of a natural disaster and therefore there is incorrect information on the support order such as incorrect employers, as I was not able to present all the facts and financials to the judge. The judge is not even aware that I have 2 other young children that I am the custodial parent of! I feel I haven't been able to represent my case.
I am just thinking further down the line can I change it to Maryland once accurate support has been established?
Thank you

ScottGem · Nov 14, 2012, 12:57 PM

Why would she file in NY when she lives in MD? The only possible reason I can think of is that NY law extends support to age 21.

If you want jurisdiction in MD, I would file to vacate the judgment on the grounds that a) you were not able to attend the hearing due to a natural disaster and b) that NY does not have jurisdiction since the child's home state is MD.

Do not mention anything about the incorrect information, because that really is immaterial. The natural disaster (assuming it did prevent you from attending) should be sufficient.

Once NY accepts jurisdiction and rules, I doubt if you can get it moved.

AK lawyer · Nov 14, 2012, 01:03 PM

... I am just thinking further down the line can I change it to Maryland once accurate support has been established?

For what purpose? At that point, the terms of the support order, having been established, the Maryland court would have nothing to decide other than how to force you to pay. It could not modify the N.Y. decree based upon it's own formula and rules, if that's what you are getting at.

HarKel1 · Nov 14, 2012, 02:33 PM

Well yes, I think that is exactly why she filed in NY and not MD, which if I am honest is exactly WHY I want to file in MD.
So to clarify, I should file a motion to vacate based on
1) My reason why I could not attend and
2) That I wish to pursue the matter through Marylands Family court anyway

Is that even possible? What could the outcome be? I don't understand why New York accepted it in the first place and why she wasn't advised to go through MD Family court?

AK lawyer · Nov 14, 2012, 02:38 PM

Is that even possible?

You never know what a judge may decide, but in my opinion it wouldn't be warranted. The N.Y. Court has jurisdiction and unless you can come up with a reason it doesn't, the Maryland court should refrain from hearing the case.

I don't understand why New York accepted it in the first place and why she wasn't advised to go through MD Family court?

Because you were found in New York the court has jurisdiction over you. The mother is well within her rights to sue you there.

ScottGem · Nov 14, 2012, 02:42 PM

Originally Posted by HarKel1

2) That I wish to pursue the matter through Marylands Family court anyway

Originally Posted by AK lawyer

You never know what a judge may decide, but in my opinion it wouldn't be warranted. The N.Y. Court has jurisdiction and unless you can come up with a reason it doesn't, the Maryland court should refrain from hearing the case.

No, your grounds are that NY does not have jurisdiction since the child's home state is MD. That you wish MD to have jurisdiction should not even be mentioned. That's likely to cause a judge to rule against you.

I'm not sure I agree with AK here because, I don't see that the NY court has jurisdiction since the child's home state is MD. But AK does have a point that since you live in NY, she had a right to file there.

AK lawyer · Nov 14, 2012, 02:45 PM

Originally Posted by ScottGem

I'm not sure I agree with AK here because, I don't see that the NY court has jurisdiction since the child's home state is MD.

That would be true, were we talking about child custody. I don't believe jurisdiction for establishing CS depends upon where the child's home state is.

HarKel1 · Nov 14, 2012, 02:55 PM

Thanks guys,
Scott I feel that if New York does not have jurisdiction then this wouldn't be happening here at all, so maybe AK is right.
I guess I just wanted to get through this motion to vacate first before p***sing the judge off even further by saying MD should be doing this y'know?
So I can't file later for modification/adjustment? Only maybe if I move out of state myself I guess.
It just doesn't make any sense to me, I feel that the state in which a child resides is the state who should deal with the matter.

cdad · Nov 14, 2012, 04:51 PM

How long has the mother and child lived in Maryland? Did they live with you after the birth and if so how long?

HarKel1 · Nov 14, 2012, 05:47 PM

She is from Maryland, the child was born there 18 months ago and has lived there since with her.
The Mother never lived with me, we were not in a relationship... just an irresponsible (evidently!) 'friends with benefits' thing where the baby was conceived in New York.