Q: Can the custodial parent file a new child support order in NY if the original order was issued in PA and has ended?
My PA support order originally covered both of my daughters but my eldest turned 18 in 2018, at which time she was no longer covered under PA law. Both myself and my ex, along with my youngest daughter all now reside in NY. The order was never transferred from PA to NY, but was modified in 2018 upon mutual agreement, so that I would pay more than needed for the one child remaining on the order instead of moving the case to NY. When my youngest daughter turns 18 in 2022 and is no longer eligible for support under the PA order, can my ex then apply for support of an 18 year old that was covered until expiration of the PA order, and then get support for our daughter under a new support order in NY from age 18 until she turns 21? Or, because jurisdiction was never transferred from PA to NY, would support effectively end at age 18?
A: Since you now all reside in NY, NY is the home state for all purposes and your ex can file for child support in NY to run until 21.
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