Does Cola Apply To Out Of State Child Support Order In New York?

Q: My ex-spouse and I got divorced in Florida where a support order has been issued. I ( the non-custodial parent paying child support) moved to New York.

The other party filed a motion with the state of NY where I have been ordered to pay more money since September 2012.

Since the original court order is from Florida, does the COLA (the Cost Adjustment) apply because all NY is doing is to enforce the order?

Thanks

A: David’s Answer: If Florida issued the order and the mother & child remained living in Florida, then only Florida was supposed to have modified/enforced the order. That being said, if you had a valid jurisdictional objection to make back in 2012 & didn’t make it, most likely it’s too late now. Schedule a consult with a White Plains Child Support attorney for a full assessment. – David Bliven, Westchester Child Support Attorney (www.blivenlaw.net)