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!

[ocean]

I would just pay the $50 a week until age 21 then get NY to close case. If you go to NY court now after all these years, good chance that the support will be change upwards. NY is 17% of father's income. If mother does not like that you are not paying college, then she will have to file in NY, come to NY hearing, and fight it in NY.

Do you think mother will file if you continue the $50 a week? and is she asking for college money?

[smithy]

Thank you all so much.
Our position is to pay the $50 a week to her and tell her to give it to her son for college or do what she wishes with it. There will be no college payments from us until that ends at 21....we can't afford it. We don't know how that will go down but husband will be speaking to son and explaining situation to him. Husband is not working and laden with debt since company folded so unless she really wants to go to court big time to get $$ from me, I think she will accept the situation. Hopefully.
You've all been very kind. I'm most grateful.

[Kitty C.]

Not meaning to throw a monkey wrench into the process, but if she does take your DH to court to fight over the tuition, tell the court that it's discriminatory to force a separated/single parent to pay tuition.  If they can't force married couples to pay tuition, why should they be allowed to force him, see what I mean?  I know that was a big bone of contention with Soc when he was around, because he has serious problems with the constitutionality of the issue.

When he does talk to his son, he needs to remind the boy that he will have to apply for grants, scholarships, or loans and get a job while he's in school to pay for it all.  Millions of people do that every day and have been doing so for years.  I've always had a problem with parents paying for their child's college education, anyway.  Unless my child is in trouble and needs my help temporarily, I gave up ALL responsibility to him when he became a legal adult.  But then, that's JMO..........