Legal Question in Family Law in New York

I have joint custody with my ex and receive child support. Our daughter is 8 years old and her father and I havnt been together for 7 out of the 8 years. He never payed child support up until 3 years ago. When I filed for child support he turned around and filed for joint custody because he thought he would get out of paying. He demanded half the week visitation and I gave it to him. He backed out of it 2 months after we had it court ordered. And now takes her on weekends. My fianc� that I have been with for 6 years who I also have 2 sons with received a promotion 3 hours away but still in the same state. I am afraid my ex is gonna try and keep my daughter from moving with us. Our child support agreement is also based on him making 30k a year and he has been making 100k for 2 years now. What do I do about moving our daughter and filing for more child support?


Asked on 3/18/13, 3:08 pm

1 Answer from Attorneys
Jordan Trager Wisselman, Harounian & Associates, P.C.

Is there a radius clause in your divorce agreement? If so you will need to file a petition in the family court for relocation and the reasons you are seeking to relocate. As to child support, you will need to file a petition for a modification of child support in the family court based upon an increase in his income by greater than 15%. You should consult with a family law attorney to prepare these petitions and for possible representation in the family court.

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Answered on 3/19/13, 9:53 am


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