extending CS past emanc. by change of state

[rbariz]

What is the name of your state? TN

Scenario: one night stand 17 years ago, paternity test pos, ordered to pay support through state of Tenn in 1987. I lived in Texas and now in Arizona. Paid to Tenn. court for approx 7 years when mom and child moved out of state to Miss. Court approved payment directly to mom and have done so every month since then.
Daughter is now due to turn 18 in November. Mom is making noise about going to court in Miss where emancipation age is apparently 21 to extend support.
In addition, original court order in 1987 required me to pay $5000 to her lawyer to set up a trust fund specifically for daughter's college education.
I did so and recently asked mom the status of the account. Apparently the lawyer wrote a check to mom in 1994 to use moneys for down payment of a house.
Questions:
1. Can mom extend support in new state?
2. Do I have a case against mom/lawyer for using funds for house payment?

Apologize for lack of brevity.

 

[nextwife]

I believe they must follow the guidelines of then original state. This is avoid having parents moving their kids around "support-shopping" for a better deal.

 

[LdiJ]

I believe they must follow the guidelines of then original state. This is avoid having parents moving their kids around "support-shopping" for a better deal.

I think he should consult an attorney on that one. I don't see how its possible for TN law to apply when neither parent is a legal resident of TN.
I think that would be accurate if the ncp still lived in TN, but he doesn't.

 

[BelizeBreeze]

The wife can indeed file for a support modification in Mississippi as long as she satisfies the residency requirements of that state. Because the child also resides with her and you do not reside in the home state, Mississippi is the correct venue to hear further litigation.

However, without a clear and convincing argument to extend the custody order of the home state, Mississippi most likely will see right through her ploy and deny such.

Your issues are twofold: 1. modification of the existing child support and; 2. misappropriation of funds.

To make a case for the latter, you MUST show that the funds were to be deposited into a trust account for a specific benefit by court order, that the mother had no legal right to the funds and that she 'somehow' converted those funds in opposition to the court order, to her own use.

In this case, file the second issue first. Not only will it delay the first but also may result in the court denying any petition to modify based on the conversion.

And, as suggested, seek legal council from Mississippi.