Legal Question in Family Law in New York

Re: moving children to another state

Q. Am I resposible for transportation cost concidering that he does not pay child support?

A. Responsibility for transportation costs are normally set forth in either the Separation Agreement, Settlement Agreement or Judgment of Divorce. If there is no language in the agreement concerning transportation costs, then it is normally negotiated by the parties. It has been my experience that if the parties cannot agreement, a Judge would usually direct the parent leaving NY jurisdiction to pay for transportation costs.

Q. Although he agreed, should I get a lawyer to make ajustments to the custody agreement?

A. It is always better to have a professional modify a legal document.

Q. Is he liable to pay child support for the two younger children?

A. Child support obligation in NY is to the age of 21 years. Unless there is an opt-out paragraph set forth in the Separation Agreement, Settlement Agreement or Judgment of Divorce (or Family Court Order), each non-custodial spouse would be responsible for child support. Therefore, he would be responsible to pay child support to you for the unemancipated children under 21. You would be responsible to pay him child support for the unemancipated children under 21.

Mike.