My ex moved out of NY to Ohio. We only have one son. The divorce took place in NY. I would like to know whether moving to another state will affect the amount/calculation of child support. Can NY calculation still be mandated? He won't agree to anything. I will have to do everything through the courts. Please help. Thanks.
2006-12-29 06:21:59 · 7 answers · asked by not 30 yet 2 in Family & Relationships ➔ Marriage & Divorce
New York
2006-12-29 06:25:25 · answer #1 · answered by sweetness 3 · 0⤊ 0⤋
Check the terms of your divorce. Believe or not, you may need your husband's approval to leave the state with your son. (Happened to my wife whose ex sounds like yours). Generally, if you move to a state that is within the distance of the furthest point in New York from you (lets say you live on LI, the furthest point in NY would be Buffalo, or 8 hours away, the courts would rule you could move to connecticut, since that is not as far away as Buffalo, but they would deny you the right to move to California, since that would be an undue hardship on your ex). Once you have left the state, the NY courts have jurisdiction for 6 months, then the laws and court of your new residence take place. Generally the courts in the new state will abide by the agreement made in NY.
2006-12-29 14:31:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If it's like CA, it's where the divorce decree was filed. It's the NY court system that would have jurisdiction.
2006-12-29 14:29:10 · answer #3 · answered by Dizney 5 · 0⤊ 0⤋
the court that made the order will have precedence.
so if the divorce was granted in ny, that order would apply. can he take you to court in ohio? absolutely.
2006-12-29 14:26:45 · answer #4 · answered by PO'd in Portland 2 · 0⤊ 0⤋
if you already have court ordered child support, it will still apply.
If not, you will have to get a new court order from the new state.
2006-12-29 14:33:15 · answer #5 · answered by Kutekymmee 6 · 0⤊ 0⤋
Moving out of state, I don't think that is a problem. Him having a job is the problem
2006-12-29 14:27:34 · answer #6 · answered by MARJ213 2 · 0⤊ 0⤋
I believe the laws of Texas will apply.....
2006-12-29 14:24:17 · answer #7 · answered by Anonymous · 0⤊ 1⤋