Legal Question in Family Law in Maryland

Re: Changing Child Support

You would need to "file" your various chld support orders in the NY Family Court in the County of your residence, or NY or Albany County, under USDL, and motion to for "collection" in NY of same; and for NY to transmit to the various Courts, per their Court Orders. At the same time, you should file Petitions for "downward modification." to make the child support payments through the Court, consistent with what it should be based upon your income.

The Court will probably NOT "equalize" the pmts between the children, since child support is Not based upon the noncustodial parent's income alone; but is a % sum that is apportioned or is relative to the custodial parents' income.

You should have lawyer to help you sort through the process, but it is doably Pro Se.

Good luck,

Phroska L. McAlister,ESQ

Re: Changing Child Support

I disgree with the New York attorney. The matter of custody and support stays with the initial court that court retains continuing jurisdiction. I can work to have administrative matters attended to but this would be of no advantage since I practice in Maryland. Modification or transfer of jurisdiction is subject to the court of initial decision. Where the child(ren) no longer reside in that state of a court of initial jurisdiction then a case may be made for transfer of jurisdiction. The initial jurisdiction will continue to apply its rules for non-payment of support and collection.

Re: Changing Child Support

"USDL" and corresponding State Statutes is a "mechanism" for state Courts to "correspond" with each other in the enforcement of their respective child support, custody, visitation and similiar domestic relations or family Court orders. It does not seek to change "original" jurisdiction or apply the laws of a "corresponding" state. But, makes it possible to directly and expeditiously collect and enforce judgments and Court Orders from another state. It also includes a process, in NY and most states, as indicated in my prior answer, for petitioning in a "payors" home state under USDL, for modification of an "orginating" Court Order, per the Orginating State's rules. Since "Collection" and "Enforcement" is sought in the Obligee or payor's home state, this provision is generally considered reasonable and necessary, in order for "reciprocity" between the states to work.

Good luck,

Phroska L. McAlister,ESQ