Friday, May 30, 2014

Which state will govern the emancipation age for child support NY or PA?

Q:  My separation agreement, custody, and divorce decree were all through PA court system. I live in NY with my child. I have full custody.Nothing at all was ever filed in NY or PA regarding child support. My ex is threatening to stop paying me our agreed amount when our son turns 18 even though he will have his whole senior year in high school ahead of him. I was told by one attorney that even though I can file through NY for court ordered child support, PA will govern the emancipation age of (high school graduation) because that's where custody was determin.ed. I would like to get support until he is 21. Also I pay for his insurance coverage. My ex wants to just abandon us. We won't be able to survive without child support.

A:  David's Answer:  Custody & Child Support have different jurisdictional statutes, so merely having jurisdiction on one issue doesn't govern the other. That said, I'd be very curious as to why support was not addressed in the divorce agreement - and whether there are separate jurisdictional provisions in that agreement which may be binding on the support issue. You're best advised to bring all your paperwork into a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (

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