Legal Question in Family Law in New York
Modification of support order between states
My ex-wife and children live in NY state and we had a child support agreement there in Ulster County which states that I pay a base support amount plus child care costs. I filed for divorce in NJ. We made a mutual agreement in divorce court that she would no longer ask for child care costs (in return for me not seeking past debts from her)and that the NY order would be modified as such. I have asked NY state to modify the support order and stop the child care costs from coming out of my check. She informed me that she will ask the hearing examiner in NY to continue the child care support regardless of what the divorce says.
What is the responsibility of the NY family court? Do they have to honor the wording of the NJ divorce or can they ignore it? I have tried to understand the UIFSA concerning jurisdiction between states but it is so confusing. If the NY court does ignore the divorce agreement what recourse do I have?
1 Answer from Attorneys
Re: Modification of support order between states
Your wife must have told the judge who presided over placing your agreement on the record and the proof as to the grounds for divorce that she had no need for the child support at this time. Without this representation that portion of your agreement as to child support should not have been allowed. If this is so it is a matter of enforcing the agreement by producing the transcript of her courtroom states before the New York court. It might be possible to get the court hear to order her to dismiss the New York order as per your agreement with her.
You should call me because answering this question requires some back and forth.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
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