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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a child that was conceived and born in California, and

Resolved Question:

I have a child that was conceived and born in California, and lived here for a few years, but now lives in New York with his mother, where his mother moved them. (Our intent was to raise the child in California.)
I am responsible for paying his mother child support by order of a New York Court. I recently became disabled and get Social Security benefits, and my son now gets a monthly benefit of $1,074 from the Social Security Administration based on my work record.
New York law does not treat the benefits as an offset to the child support obligation, but sees it as a financial resource of the child. However, California Family code 4504 (b) states as follows:
If the court has ordered a noncustodial parent to pay for the support of a child, payments for the support of the child made by the federal government pursuant to the Social Security Act or Railroad Retirement Act, or by the Department of Veterans Affairs because of the retirement or disability of the noncustodial parent and received by the custodial parent or other child support obligee shall be credited toward the amount ordered by the court to be paid by the noncustodial parent for support of the child unless the payments made by the federal government were taken into consideration by the court in determining the amount of support to be paid.
Since I still live in California, is the California law controlling on the New York Court?
Why or why not? (Please cite the controlling statute or case law...)
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You need to file motion in court where the court order was entered, which would be NY, and you would ask the court to modify support. You would prove you have a significant change in financial circumstances such that the court should reduce your support payment based on the supplements the child's mother is receiving from your disability benefits. You do have to use an attorney in NY because you cannot file in CA or from CA, but if you prove what you said above they will give you a reduction.

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Customer: replied 2 years ago.
I know the NY petition question deals with conflicting laws in different jurisdictions...In CA I would get an offset, in New York the law does not proved for an offset because in NY the benefits is ocnsidered a fianncial resource ofth child. My question is can I invoke CA statutory law in NY because I live in CA? Why or why not? Please citte the statute or case law...
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your response.

The conflict of laws does not come into play because the child lives in CA and also the NY court entered an order. The court where the order was issued retains jurisdiction over the case and this is a general legal principle not a statute. The Uniform Child Custody Jurisdiction and Enforcement Act is the federal law that maintains jurisdiction in the court where the action was filed and where the child lives.
Customer: replied 2 years ago.
Will the NY Court recognize the CA statute, since I live in CA? Please cite specific portions of the statute or caase law...
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your response.

No, the NY law prevails according to the Uniform Child Custody and Jurisdiction Enforcement Act because 1) the action was filed in NY and 2) the child resides in NY. It does not matter where the non-custodial parent resides.
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