New York Divorce Report - Out-Of -State Support Orders Cannot Be Modified in New York - Comments http://divorce.clementlaw.com/ Daniel E. Clement: New Jersey & NY Lawyer & Attorney for Family Law & Pre-Nuptials en Copyright 2010 Thu, 18 Nov 2010 15:33:51 -0500 Thu, 18 Nov 2010 15:33:51 -0500 http://www.sixapart.com/movabletype/?v=4.32-en http://blogs.law.harvard.edu/tech/rss Bob Why doesn't NY get with the other 47 states as NY is what looks like 1 of 3 states that continues child support to the age of 21. Based on all I have read on your site and others this should be a federal law just like adoption should be mandated by the federal Gov't as those laws are also state by state and a mess.

]]> http://divorce.clementlaw.com/child-support/out-of--state-support-orders-cannot-be-modified-in-new-york/#17631 http://divorce.clementlaw.com/child-support/out-of--state-support-orders-cannot-be-modified-in-new-york/#17631 Child Support Mon, 18 Feb 2008 10:17:01 -0500 Daniel Clement Michael I'm not an attorney, but I disagree with the title of this blog entry. A case could be modified in NY if both parties moved out of the original state, and the party being sued lived in NY. However, NY would not be allowed to change the age of emancipation, because that is non-modifiable according to UIFSA. The amount of support would be modifiable. 'Age of emancipation' is determined by the original order regardless of changes in jurisdiciton.

]]> http://divorce.clementlaw.com/child-support/out-of--state-support-orders-cannot-be-modified-in-new-york/#17632 http://divorce.clementlaw.com/child-support/out-of--state-support-orders-cannot-be-modified-in-new-york/#17632 Child Support Mon, 18 Feb 2008 10:17:01 -0500 Daniel Clement Rich Didn’t the opinion on this case state that if both parties lived in New York, then they could modify the order and extended the age of emancipation to 21?

]]> http://divorce.clementlaw.com/child-support/out-of--state-support-orders-cannot-be-modified-in-new-york/#17633 http://divorce.clementlaw.com/child-support/out-of--state-support-orders-cannot-be-modified-in-new-york/#17633 Child Support Mon, 18 Feb 2008 10:17:01 -0500 Daniel Clement BJSC Question: The custodial parent is in NY and the non-custodial parent is in Michigan. The divorce and support order were issued in NY when both parties resided in NY. Now, the non-custodial parent paying support sends payment through MI's family court in oligation of the NY order. My question is whether both the NY courts and the MI courts can sue the non-custodial paying parent for failure to pay when a payment is late? That is, in my scenario, the non-custodial paying parent resides in MI and anytime there is a late payment, the custodial parent who lives in NY sues and now so does the MI court sue. Law suits are coming from both courts. Is that correct.

]]> http://divorce.clementlaw.com/child-support/out-of--state-support-orders-cannot-be-modified-in-new-york/#17634 http://divorce.clementlaw.com/child-support/out-of--state-support-orders-cannot-be-modified-in-new-york/#17634 Child Support Mon, 18 Feb 2008 10:17:01 -0500 Daniel Clement Jen What if neither party lives in NY and both parties reside in states where support ends at 18. Can't obligator petition the court to have the jurisdiction changed.

]]> http://divorce.clementlaw.com/child-support/out-of--state-support-orders-cannot-be-modified-in-new-york/#17779 http://divorce.clementlaw.com/child-support/out-of--state-support-orders-cannot-be-modified-in-new-york/#17779 Child Support Mon, 18 Feb 2008 10:17:01 -0500 Daniel Clement