Legal Question in Family Law in Connecticut
Out of State Custody/Child Support Judgement
I have been divorced in Kings County, New York. Subsequently, my ex-husband has moved to CT and after that myself and our under-age son have moved to CT as well. I have the order for sole custody from New York that I am thinking of domesticating in CT just in case any issues should arise. My question is as follows: how would any child support issues be handled if the judgement was domesticated? I suspect that my ex-husband makes a lot more money than he did when the judgement was issued and would like to know what would the child support entitlement be in CT. Would they honor 17% of combined income that is the current guideline for a single child in NYS? Or would they recalculate based on CT rules? If so, what are the CT guidelines?
2 Answers from Attorneys
Re: Out of State Custody/Child Support Judgement
The law, including the child support rules, of the state where the divorce was finalized (NY) will always be the law used, even in CT. Once domesticated, the CT courts can enforce and modify the NY decree, but they must use NY law.
Re: Out of State Custody/Child Support Judgement
My last reading of the law in this area makes for a not so simple answer.
CT recognizes two methods for registering a foreign matrimonial judgment for purposes of enforcing and modifying that judgment in CT.
The method used to register the judgment determines, atleast in part, which law applies- the CT child support guidelines or the substantive law of the foreign jurisdiction. (the child support guideline statute of the other state-in your case- NY)
The Superior Courts in CT are split over which law applies.
The issue becomes even more complicated because the courts in CT have not agreed as to whether child support guidelines are procedural laws or substantive laws. This is important because what "kind" of law the guidelines are, may determine which State's law is controlling.
What does all this mean? It means you can't be certain that the NY child support guidelines will be controlling in your case.