Legal Question in Family Law in New York

Re: Frequent Visitation affected by move to another borough

Ms. McAlister is mistaken. If you are no longer married, you cannot be charged with spousal support. However, your wife may decide to seek additional child support. The standard for such a modification depends on how the order was arrived at.

If the relocation seriously interferes with your visitation, you can petition the court to prevent it. The court will weigh the benefits of the move against the harm it causes your child by reducing contact with you. You should consult an attorney immediately to discuss the specifics of your case.

Re: Frequent Visitation affected by move to another borough

So,... what do you want. Custody? because of your Ex wife's financial problems. Do you want to Aggravate her financial problems by insisting upon her trying stay in premises or nearby, when she cannot afford to?

Suggest: that you Ask her what you can do to help. If she is experiencing "extreme" economic hardship and you take her to back to court her attempt to find affordable housing nearby your, could risk the Court deciding she at risk of becoming a public charge, that coould open up the possibility that YOU could be charged spousal support, to meet her emergency situation.

Be very careful. Try to work out a compromise, without going to court.

Good luck,

Phroska L. McAlister,ESQ

Re: Frequent Visitation affected by move to another borough

While there is no specific question in your submission, the thrust is how to maintain your regular visitation with your child.

Your ex's move may make your visitation less convenient and, clearly, your agreement gives you some input.

Sometimes this can be resolved by splitting the week between each parent - m-f with you (child continues at old school) and the weekends with the ex.

Sometimes the other parent can assist in finding an affordable apt close to that parent and solve the problem.

And sometimes a petition will be made to prevent the ex from moving more than 25 miles away from that parent. This petition is often approved by the court.

Regarding the debate among the other 2 lawyers on 'spousal support'; the court can order spousal support if the custody order was a part of the divorce order, but not otherwise. Further, the Family Court could not make such an order. The ex would have to go back to Supreme Court. Therefore, if yopu brought your 'petition to modify' (order to prevent ex from moving far away) in Family Court, then you could not be made liable for spousal support.

Of course, the ex could petition to move the new action to the Supreme Court, but that is another question and not likely.

You are welcome to a consultation for no fee.