Quote:
Originally Posted by uptownblk
Hello all,
I have a question regarding the child support rate of payment. I'm a NY resident but the female resides in DR and I visit once a month for a week or so. If we were to get pregnant I'd take the steps to make the situation as comfortable and drama free as possible (make sure its mine). But being a NY'r I know females are FULL of game, smoke and mirrors. If it came down to me paying child support... What would the rate be? I mean would it be at a DR rate or a NY state rate. She lives and is a DR resident. Could the DR government enforce the child support rate and a NY level?
Thanks
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Well, there's 2 ways to spin this
1) The mother petitions for support in DR
2) Petitions for support in NY
I am not aware of her rights to petition in NY, but you need check with an attorney. Here is the website:
https://newyorkchildsupport.com/
The way it works for Interstate paternity cases is the following:
The petitioner applies in their resident state. The resident state, in turn, issue and order for the resident state of the father (in your case NY). The enforcement jurisdiction is NY State, but the orginating order is the state where the mother applied. All you "see" is NY for your part.
As I said, the mother may be able to petition for support which is enforceable in NY state -- or maybe not - I don't know.
As for DR, I am certain that you would first need to declare the child for it to be recognized by the courts.
If you have to pay in NY, the rate is a function of the respective INCOMES of BOTH parents.
Is there a way for an inter-DR case to be enforced in the US? I think this is a Hague issue and, again, need to consult an attorney.