Tuesday, January 8, 2013

Question re: jurisdiction of child support case per UIFSA

Q: I live in ny my child mother who live in phila,Pa took me to family court by way of Pa . wiil i b guide Pa laws or NY for suppor: and cand she collect welfare and child support

David’s answer: I disagree with the opinion that PA would have jurisdiction if the child lived in PA for more than 6 months. That is generally the standard used for custody/visitation cases. The standard used in support cases is pursuant to the Uniform Interstate Family Support Act (UIFSA), which does NOT use "home state jurisdiction" utilized in custody/visitation cases. Instead, they must establish valid jurisdiction over you, meaning for instance the child resides there at your direction, they served you in PA, the child was conceived by you in that state, etc. If PA does NOT establish jurisdiction, then the case would need to be sent by the PA court to be heard in New York via the statute's "two-state proceeding" provisions. I highly encourage that you schedule a consultation with BOTH a PA Child Support lawyer AND a Bronx Co. Child Support lawyer.  -- David Bliven, Bronx Co. Child Support lawyer (www.blivenlaw.net)

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