What state to file in?

[nrccv]

Hello:

I received full custody of my daughter in January of this year. I live in Buffalo,NY the biological mother lives in Illinois.
At the time that my wife and I received full custody of my daughter we immediately filed for child support in New York and were told by the judge that because the mother resided in Illinois that we needed to file in that court.

Well, it's 6 months later and my daughter suffered a major mental health breakdown and now resides in a state psychiatric centre for the time being. With all the stress of her illness, I wasn't able to file in Illinois for custody.

Now that it's been six months since my daughter has resided with me in NY, I am now hearing mixed ideas where to file for the child support. My question is what state do I file for child support, and can I also fight to have her mother be responsible for at least half of all medical expenses???? Also, does it matter that the courts in NY at the time of awarding me custody put a no-contact order on the mother? She should still be responsible in some way right?

Thank you in advance,
nrccv

[socrateaser]

My question is what state do I file for
>child support, and can I also fight to have her mother be
>responsible for at least half of all medical expenses?

If the other parent has never resided in NY, and the current child support order for the child in question was issued from a court other than a NY court, then you must file for support in the jurisdiction where the other parent currently resides, which on your facts is IL.

As far as being responsible for medical expenses, if the current support order girants you rights to (and/or liabilities for) reimbursement for medical expenses, then that order continues to control for any expenses that you have already incurred.

When you file for a support modification, you can ask the court to make new appropriate orders for shared medical expenses going forward.

>Also, does it matter that the courts in NY at the time of
>awarding me custody put a no-contact order on the mother? She
>should still be responsible in some way right?

Doesn't matter at all.

[nrccv]

Thank you for the quick response!!