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BCDM

End of child support when 18 year old child is in PA, father in NY

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Separated for 15 years with a child support decree from NY where the father resides for $1,900 per month.  Mother and 18 year old daughter reside in PA and have for almost 15 years.  PA law states child support ends at 18 or upon HS graduation, whichever is later.  She is 18 and will graduate in June.  Never divorced in order to allow mother to remain on health insurance.  Getting divorced now and since CS case is open, it must be written into divorce.  NY attorney says it must continue until 21 but child doesn't reside in NY.  Please advise.  

Backstory, mother left other three children, who were older, 15 years ago, in custody of father and did not contribute to their support.  She kept youngest, made an untruthful, unfounded claim against father and although it was proven to be false and all charges dropped, told the child it was a fact from the age of 3.  Child did not have any visitation with father since then, although not through courts, just kept away.  As with many, money  is not used for child, it is used as mother's paycheck and mother is always looking for additional money from other children or father.  

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1 hour ago, BCDM said:

a child support decree from NY where the father resides for $1,900 per month.

 

I assume you don't mean that "the father resides [in NY] for $1,900 per month," which is how this is written.  Rather, I assume you mean that the father lives in NY and that a NY court has issued an order that requires him to pay $1,900 per month in child support.  Correct.

 

 

1 hour ago, BCDM said:

PA law states child support ends at 18 or upon HS graduation, whichever is later.

 

Since the order was apparently entered in NY, this isn't particularly relevant.

 

 

1 hour ago, BCDM said:

NY attorney says it must continue until 21 but child doesn't reside in NY.  Please advise.

 

You've provided nothing that would make me think the child's state of residence is important.  The order was issued in NY, so NY law governs (unless the order says otherwise), and it's not clear what you want advice about.

 

 

1 hour ago, BCDM said:

Backstory. . . .

 

None of this appears to be relevant to anything.

 

As far as filing for divorce, I agree that a divorce can be filed where either of the spouses lives.  However, filing for divorce in PA won't have any impact on the existing NY child support order.  That order will remain in force until one of the following happens:  (1) it expires in accordance with its terms; (2) it expires in accordance with NY law; or (3) the court enters a new order that modifies or terminates the prior order.

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According to the OP, the child lived in NY at the time the support order was entered.  However, the child and mother have apparently lived in PA for the last 15 years.  I believe a modification of the support order would have been appropriate and the PA court would terminate or  modify the order in the course of the divorce proceedings.

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1 hour ago, RetiredinVA said:

I believe a modification of the support order would have been appropriate and the PA court would terminate or  modify the order in the course of the divorce proceedings.

 

This may well be the way to do it.  However, if the father, who lives in NY, is having $$ taken out of his paycheck (for a job that is presumably in NY) pursuant to a support order issued by a NY court, he's going to need something more than a PA divorce decree to make those withholdings stop.

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Thank you both for your input.  We are going to get a copy of the original child support order for clarification and use your suggestions to proceed from there. 

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