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Can the State of New York enforce a Maryland child support order Currently open For downward deviation in Maryland ?

Q: My son was born in the state of Maryland, child support and custody proceedings were in maryland. The child's mother relocated to New York and attempted to change venue twice, it was denied both times and maryland retained jurisdiction. I now live in Florida and recently filled for a downward deviation in my child support obligation in Maryland who retained jurisdiction., In the middle of Maryland proceedings, the mother is maliciously filing pleadings in NY to register the case there, and a petition for punishment for child support payments . It doesn't seem fair for New York to allow proceedings in the middle of an open Maryland case with a trial date set to modify the order . I've called over 100 attorneys in NY and no one has an idea of it New York can do this ..

A: Generally the answer is no - IF Maryland is retaining jurisdiction. The statute states that the original issuing court retains continuing jurisdiction over any modification/enforcement cases so long as 1 parent or the child resides there. If neither parent nor child remains in Maryland, then Maryland MAY continue to exercise jurisdiction, up until the time another state obtains proper jurisdiction. Then, whether NY would have proper jurisdiction over you would go back to the original "basis for jurisdiction over nonresident" statute (in NY - FCA 580-201). If it does, then NY can hear the modification/enforcement case - if it does not, then it'd need to ship the case down to Florida. Schedule a consult with a Westchester Child Support attorney for a full assessment.

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