Legal Question in Family Law in New York

Change of Jusidiction

I reside in NJ however my children resided in NY(Rockland County). I was just granted custody of my daughters. They will be living in NJ and going to school in NJ next week. My QUESTION, I had a court order to pay child support in NY when my ex had custody. Now, since I have custody, I want to bring my child support and all other family court issues to my home state of NJ. Would I have any problem in doing so? How do I go about modifying this change? I understand that I would have to go to the ''original'' court in Manhatten that ordered my support payments. Do I go into Manhatten to make these changes or do I go to Rockland County Child Support Probation for this change? Please let me know how I begin this, and can this change in state to NJ be denied by NY? Can I just go to the child support unit in my (NJ) county and file there without any court order to change jurisdiction? Please advise. Thank you.


Asked on 12/20/04, 10:41 am

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Change of Jusidiction

This is a complicated question and there are many correct answers.

One way to handle this 'change of venue' is to put the petition to the NY court and, after it is granted, make a new petition to the NJ court.

You would be asking the court to permit withdrawal on condition that you re-file in NJ within 30 days.

You are welcome to a consultation for no fee.

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Answered on 12/20/04, 1:54 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Change of Jusidiction

You should Immediately file a petition for Modification of "custody & Termination of child support" IN the Court that originally awarded custody and child support & collection to your husband. (Please note, until the Court Order is changed You are still subject to its terms).

You may then file for child support in either NY or NJ. If you file in NJ, the NJ Court will have to correspond with the NY Court to collect support in NY, from the father and examination of financials will be through 3rd parties. If you file in NY directly, NY can order that support be paid to you directly, although you live in NJ.

Good luck,

Phroska L. McAlister

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Answered on 12/20/04, 8:09 pm


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