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Familylaw Guru
Familylaw Guru, Attorney at Law, JD
Category: Family Law
Satisfied Customers: 1349
Experience:  Experienced in divorce, child custody, child support, paternity issues, and parental rights.
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Can support be modified (eliminated)under material change ...

Resolved Question:

Can support be modified (eliminated)under material change in circumstances, if custodial parent had moved to another state immediately after order was originally done and has lived in another state more than ten years now. Furthermore, child is now over 18yrs of age and is working with no interest in college. Original state is NY where the age of majority is 21, but no one in family has resided there in over ten yrs. Presently, all reside in FL.
Submitted: 8 years ago.
Category: Family Law
Expert:  Familylaw Guru replied 8 years ago.

You could file to get the child support terminated based on the fact that the child now resides in Florida and is considered an adult there. You can also file to get jurisdiction changed since the child now lives in a different state. You would file a request to transfer jurisdiction to florida in the NY court and then once granted, file a petition to terminate child support in Florida.

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Jennifer

Familylaw Guru and 3 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
child support is presently being taken out of my payck now here in FL. Doesn't this mean the file has been already transfered to FL jurisdiction?
Expert:  Familylaw Guru replied 8 years ago.

This does not necessarily mean that the court in florida will have record of what is going on. You can try to go ahead and petition the court in florida since child support is being taken out of there and all parties live there. Without seeing documents or knowing everything, it is hard to say for certain that the file has been transferred.

Whatever state someone lives in has the authority to help collect child support. This doesn't necessarily mean, however, that the entire court case has been transferred. You would probably need to ask someone in NY if the case has already been transferred.

Jenn

Familylaw Guru and 3 other Family Law Specialists are ready to help you