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Im looking for a family layer in Florida who is familiar with UIFSA
Anonymous4 views3 answers
My son is suppose to be attending Jacksonville Florida State in Jacksonville, Fl. in May of 2015. Due to insufficient funds its likely not to happen. I was divorced in Syracuse, NY. Divorced Deed Says its order that my ex whom I was married to for 28 years would pay for college tuition, although I am also contributing. My ex now does not want to help. He claims he has remarried, owns a home, and has car and motorcycle payments among other things. What are my options???
If Dad still lives in NY, jurisdiction would still be in NY. You would want to file a contempt of some sort in the NY courts to force compliance with the decree. UIFSA might not apply because it may not be considered "child support" under NY law, and rather may be considered a contractual obligation. I wouldn't put off your son's education for lack of compliance, I would look into applying for a student loan on a temporary basis to get through the court process, and then Dad could be obligated to pay off the loan - if this argument is made and won.
Your son could sue his father as he (your son) is a third party beneficiary to your divorce order. This would have to be done in NY under NY law. You should contact a lawyer there to see if this is possible.
Richard K. ThibaultFamily Law AttorneySaint Augustine, FL ·
Jurisdiction seems to lie with New York. You could possibly have a Florida court domesticate the New York order but I would probably seek advice in New York with a Motion for Contempt. Your son could always try to sue him as well.