Legal Question in Family Law in Alabama

Child Support

I was divorced in Alabama but am now a new york state resident can I refile my decree for child support in new york.


Asked on 8/21/03, 3:50 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Child Support

Welcome to New York. I hope positive things drew you here to the city.

You can file the support order for the purpose of having the NY court enforce the order. However, the NY court may not alter or otherwise make any changes to the Alabama order without a proceeding giving the NY court "permission" from the Alabama court to make any changes. It is not a complex proceeding (made on motion), but the legal term for the reason why the NY court has no power is that the NY court has no "jurisdiction" over the case (marriage/child/etc) until the Alabama court gives up its jurisdiction. The NY court cannot take jurisdiction, it can only accept it from Alabama. That is how that law works, not just in NY; but in every American court and most foreign.

Again, it is a simple proceeding that any attorney can handle competantly.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

Read more
Answered on 8/21/03, 5:00 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Alabama