Legal Question in Family Law in New York

custodial parent moving out of state

My exhusband (custodial parent) is moving from NY to Florida. I am paying him for child support, even though our daugters are both in college in NY and massachusetts. Do I have to continue paying him for support if he moves out of state? One of the girls will be 21 in may and the other will be 21 in january 2010. They pay their own college expenses (with my help I might add, He pays virtually nothing for college, although he has provided for them during vacations, clothing etc.) I just think his movig away now is shirking his responsibility as the custodial parent, as he knows the girsl won't be movig to florida with him (they took all their stuff to college). They are planing to spends vacations and holidays with me (except for spring break). Do I need to file for--name removed--change of custody, or just ask to have support sent directly to the girls?


Asked on 10/08/08, 10:37 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Re: custodial parent moving out of state

You should consider filing a petition in family court for a modification of child support due to a significant change in circumstances. I think that this is a valid arguement.

I would get an attorney.

Your ex's move in and of it self is not grounds for stopping payments.

You must not stop payments without a court order. If you do you are in violation of the support order or your divorce stipulation and therefore are in arrears. That can have negative consequenses.

Good Luck,

Joel R. Salinger, Esq.

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Answered on 10/09/08, 12:29 pm


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