Brooklyn, NY asked in Child Support, Divorce and Family Law for New York

Q: Will the court keep a child support case in a different state even if the baby and mother reside in NY?

Mother and infant are residents of NY and father lives in FL. She filed for child support in NY and has been unsuccessful in serving the father in FL. Once he found out he then went and filed a support case against himself in Miami Dade court to bring the case down to FL and said the mother has no personal jurisdiction over his finances. If this goes down to FL, it would put the mother and child at poverty level since child support is significantly lower there and cost of living is so much higher in NY. Is there a law that would keep this support case in NY?

2 Lawyer Answers
Kellisia Jocintha Hazlewood
Kellisia Jocintha Hazlewood
Answered
  • New York, NY
  • Licensed in New York

A: If mother and child are in New York, New York has jurisdiction over the case and not Florida. Your friend should retain an attorney who would be able to help serve the father in Florida.

Laura Ann Daniels agrees with this answer

Laura Ann Daniels
Laura Ann Daniels
Answered
  • Scarsdale, NY
  • Licensed in New York

A: Agreed, but you don't need to hire an attorney to have him served in Florida, just hire a process server.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.