Legal Question in Family Law in New York
Child support when both parents in different states
I am active duty Air Force stationed in Utah. My ex-spouse and I were divorced in Utah and child support was filed in Utah. A notarized contract was drawn for me to pay so much money for child support and both parties including a judge signed it. She moved to New York with the kids and is now pursuing more money from me. If she is a resident of New York with the kids, can she legally file for more money in New York or does she have to do it in Utah where the decree and child support agreement originated?
2 Answers from Attorneys
Re: Child support when both parents in different states
Under New York Law she can register the order in NY. She can,under certain circumstances, seek to modify the order in NY - however, Utah law will apply.
Re: Child support when both parents in different states
The "notarized contract" was probably a settlement agreement. The judge would have signed the final order, meaning that there is a court order in place in Utah.
If she has lived in New York for more than 6 months, she can probably file in NY under the Uniform Child Custody Jurisdiction Act. However, the NY court should use the law of the state of Utah to decide the amount of child support. If your financial circumstances have not substantially changed, then it is not likely that there would be a significant change in the child support amount.
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