NY vs GA child support

[smithy]

Any advice most gratefully received:
Husband & I live in NY state. Terms of custody and child support agreed with ex-wife by mediation in New York state in 2007 & 2004. We pay $50 per week for step-son.

Step-son and ex-wife live in Atlanta, GA. SS turned 18 in May. We want to give him money for college. Ex-wife says we need to keep paying child support until step-son is 21 as we live in NY state. I believe she can kiss my Irish arse as Georgia finishes child support at 18. It's either child support or college money but not both.

Anyone know which laws apply to us? She would have to take us to court as there is no existing court order, just a mediation agreement. If she has the right to do this (& I don't believe that NYS law applies to her in Georgia), can she sue for back payment even though that was agreed through mediation and has always been paid?
Thanks for your fine help.

[tigger]

Was the mediated agreement submitted to the courts?  How is CS paid?  -- through CSE or via a check sent to her (or deposited into an account)?

Has she ever filed anything (custody/visitation changes) in GA?

[ocean]

Be very careful. New York- child support is until 21 and even 22 if they are finishing up college (unlike other states). If your case started in NY then you will have to follow NY rules which then is give her the $50 and no college money (if that was not ordered). Look at your order very carefully and see if it says anything about college as NY also has NCP paying college....

What do you mean mediation order? Was it ever signed by a judge? If NY has jurisdiction she can not move it to her state without you moving out of state also. This is so all CP's do not come running to states that have the age of 21. It stays in homestate for the most part.

[smithy]

Thank you both for your interest. Mediated agreement was not submitted to the courts. CS is paid by check monthly. She has not filed anything in GA to our knowledge - visitation and CS both agreed upon in mediation agreement.

[tigger]

So nothing was ever signed by a judge?

[smithy]

The divorce was signed in court, but not the child support or custody terms which were agreed in mediation (of course the mediation agreement is legally binding as they have both signed it). A lawyer has just advised us to keep paying until SS 21, or we could begin an action in GA to stop paying but this would be costly not to mention bad for relations. Looks like SS won't be getting college money....too bad.

[Kitty C.]

'The divorce was signed in court, but not the child support or custody terms which were agreed in mediation (of course the mediation agreement is legally binding as they have both signed it).'

The only way to make an agreement legally binding is if both parties AND the judge signs it, to make it an order.  If it was not signed by a judge, it won't hold up in court if it's challenged.  If the judge DID sign it, it is a valid court order.

[MixedBag]

chiming in late....BUT the age of emancipation is defined by the state that did the original divorce.

For example, I divorced in England, and moved (military) to Alabama.   England's words aren't really clear because who knows what secondary education means.  There is a mention though that CS will end at 18.  AL says CS ends at 19 AND Age of Majority Support (COLLEGE) can be awarded.

NOW.....I was NOT allowed to say "I live in AL, neither one of us lives in England (he was military too), so AL should assume jurisdiction" -- they still went by England's definition for EMANCIPATION.

However, AL took jurisdiction to enforce the order and adjust child support since neither party lived in England, and I moved here with the kids.

Age of Emancipation and College Support (or Age of Majority Support) follows NY.

[MixedBag]

one more thing.....since BOTH signed a MEDIATED agreement, it's probably enforceable, but sure would have been stronger if turned into a court order.

Judges decide stuff based on orders.

BUT both sides can submit a signed agreement as evidence that there was a meeting of the minds.

Step one might become to turn the agreement into an order, and then go from there.

In AL, if both sides sign, it's an eforceable agreement, but still should be turned into an order.

Kinda splitting hairs.....

It might actually be in the state's code that says a "SIGNED MEDIATED" agreement is enforceable -- different states different rules.

[Kitty C.]

Thanks for the clarification, MB!