Legal Question in Family Law in New York

Re: Transferring Case to NY from Colorado

1. You have an excellent basis (fraud) to motivate a court to revisit the issue of the amount that she must pay in child support.

Fraud is always a legally sufficient reason for the court to vacate a decision. In this case, she defrauded the court by soliciting a decision based on information supplied by her the was false and known to be false by her at the time she delivered the information.

2. The law titled 'UCCJA' governs which court may hear your motion.

Although, technically, a NY court has the authority to hear the motion to vacate, it may decline to exercise such jurisdiction in favor of the original state.

3. You can make the motion to (i) set aside or vacate the previous decision awarding you x dollars of child support (ii) make a new order of x + y dollars in child support without making a physical appearence in the original state. This is something that can be accomplished with just documents.

4. You can also ask the court to vacate the original order for x dollars and then ask the court to defer (pass the buck) to a court in NY on the basis that the information and enforcement will all be done in NY anyway.

Its a lot of paper work, but this is very do-able.

Re: Transferring Case to NY from Colorado

Without knowing all the facts of your case, it appears to me that your best result would be achieved in the original jurisdiction of Colorado. However, if the children have lived in the State of Mississippi six months or more, your ex could request that Mississippi take jurisdiction of the case, and I feel quite certain they would.

Regarding the State of New York, I don�t see how New York could assume jurisdiction. It is not the state of original or continuing jurisdiction and the children have never established residency in that state.