Legal Question in Family Law in New York

Child Support / Two States After Me

In 2001 my husband was ordered by the State of New York to pay child & spousal support. About 2003 or 2004 his ex-wife relocated to Newhampshire, she applied for welfare knowing that she was receiving support from my husband, as well as she did not inform N.H. that she had an active case in N.Y. My husband has been divorced from his ex-wife since Feb. 2005 and has been trying to have his case heard by the courts in N.Y. New York has told him since neither party lives in N.Y. their is nothing they can do, but still they keep taking money out of his check and recently has sent a wage withholding order to his current employer. We need help, he brings home about $81 a week, he is paying back support (child & spousal) as well as having to provide medical coverage. This is over 3/4 of his income. My husband feels that because he is the non-custodial parent they are not willing to guide him in the direction he need. He/we need to know what to do. Can 2 states collect support from you? He can not financial survive like this and neither can I. I am more than willing to give any additional information you may need. My husband and I married in July 2006.


Asked on 3/18/08, 2:03 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child Support / Two States After Me

The order should be transferred either to New Hampshire or to Virginia (if that's where you currently reside)whereupon your husband could seek to have it modified

in one of those jurisdictions.

This process would very likely require that he engage an attorney in the state to which the order was to be transferred in order to ensure that any legal complications that might arise be properly addressed

by the local counsel.

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Answered on 3/18/08, 10:52 pm


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