SCREWCREDIT
Member
New York and Florida
Some quick facts:
1. My parents were never married. (probably irrelevant) I was born in New York State.
2. The only child support ordered was issued at $30.00 per week out by a New York court when I was 7 which occurred around 1986ish.
3. I moved to Florida with my mother (by court order after being asked where I wanted to live) around age 8 and I remained living with her until I was about 18, she relocated about a year before I did. I remained living with my father through a verbal agreement between my parents until my mother secured residency in Florida.
4. My father stopped paying child support after I moved as my mother was no longer requesting it from him, though the order in NYS was not dissolved.
5. My mother never filed for enforcement or notified the courts in Florida of any pending New York State child support order, nor did she ever notify New York the $30 weekly payment order was not being complied with.
I am 28 years old now. She called me up stating she is going to seek back child support from my father. I don't really see how this is possible for several reasons.
1. The Statute of Limitations in New York for enforcing an order is I believe 20 years or 6 years depending on when the order was entered. Even though there doesn't appear to be an SOL on enforcing an order in Florida for child support, no order was ever entered into in that state, so therefore, FL Statute of Limitations would be irrelevant.
2. There was no filing for enforcement or notification made in any case to a Florida court by my mother at any time.
3. While it doesn't appear Florida has a Statute of Limitations on in state child supoprt order enforcement, there surely has to be a Florida based statute that limits the time in which you can FILE for court ordered enforcement or to achieve distant cooperation between both states.
4. Since this matter originated in New York State, it would seem to me that any current legalities surrounding this order would have to be heard and argued in a New York court as opposed to a Florida court since the order is already pre-existing out of that state. I don't see where or how Florida could assume any role in this case, especially not a primary role.
I don't believe there is a leg to stand on here when considering the interstate issues involved, the SOL, and the fact no attempt to enforce the order was ever made, and no attempt to notify Florida of any impending New York order was ever brought forward not to mention the fact that no order or supplemental order was ever sought or issued in Florida. Surely the age of majority would also come into play in both states.
What's your opinion?
Some quick facts:
1. My parents were never married. (probably irrelevant) I was born in New York State.
2. The only child support ordered was issued at $30.00 per week out by a New York court when I was 7 which occurred around 1986ish.
3. I moved to Florida with my mother (by court order after being asked where I wanted to live) around age 8 and I remained living with her until I was about 18, she relocated about a year before I did. I remained living with my father through a verbal agreement between my parents until my mother secured residency in Florida.
4. My father stopped paying child support after I moved as my mother was no longer requesting it from him, though the order in NYS was not dissolved.
5. My mother never filed for enforcement or notified the courts in Florida of any pending New York State child support order, nor did she ever notify New York the $30 weekly payment order was not being complied with.
I am 28 years old now. She called me up stating she is going to seek back child support from my father. I don't really see how this is possible for several reasons.
1. The Statute of Limitations in New York for enforcing an order is I believe 20 years or 6 years depending on when the order was entered. Even though there doesn't appear to be an SOL on enforcing an order in Florida for child support, no order was ever entered into in that state, so therefore, FL Statute of Limitations would be irrelevant.
2. There was no filing for enforcement or notification made in any case to a Florida court by my mother at any time.
3. While it doesn't appear Florida has a Statute of Limitations on in state child supoprt order enforcement, there surely has to be a Florida based statute that limits the time in which you can FILE for court ordered enforcement or to achieve distant cooperation between both states.
4. Since this matter originated in New York State, it would seem to me that any current legalities surrounding this order would have to be heard and argued in a New York court as opposed to a Florida court since the order is already pre-existing out of that state. I don't see where or how Florida could assume any role in this case, especially not a primary role.
I don't believe there is a leg to stand on here when considering the interstate issues involved, the SOL, and the fact no attempt to enforce the order was ever made, and no attempt to notify Florida of any impending New York order was ever brought forward not to mention the fact that no order or supplemental order was ever sought or issued in Florida. Surely the age of majority would also come into play in both states.
What's your opinion?
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