Peoria, AZ asked in Child Support for Arizona

Q: Can you file for child support in NY for 18 year old even if original support was in AZ and ended at 18?

I have a support agreement in AZ that terminates when my son is 18. My ex is moving to NY with my son when he turns 18, so I'm just curious if she can file for support in NY even tho my support agreement officially terms in AZ when my son is 18?. That seems like it shouldn't be legal and a bait and switch and the original agreement should supersede.

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2 Lawyer Answers
Randi Sirlin
Randi Sirlin
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: Arizona most likely has exclusive and continuing jurisdiction over the child support order.

I am not able to give you advice regarding New York because I am not licensed to practice in New York.

If you need additional assistance, I recommend contacting an experienced family law attorney.

John R Gaertner Jr
John R Gaertner Jr
Answered
  • SCOTTSDALE, AZ
  • Licensed in Arizona

A: Arizona maintains jurisdiction of the matter as the state where the initial orders originated. The child support order from Arizona terminates when your son turns 18 or when he graduates from high school, whichever occurs last. If you are paying child support currently and child support by law should end, you should file a Petition/Motion to terminate child support at this time, provided your child is graduating high school this May 2018.

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