Legal Question in Family Law in New York

re-evaluate child support and jurisdiction

how long do i have to wait to get a modification of child support and can I change to the state that i now live in? in supreme court order it states that n.y. will hold jurisdiction over our son deemed the ''home state'' i went to family court to file for child support. the hearing examiner wanted financial records and tax returns. my ex never brought them in, it was set for another day...he did this 3 thimes and then the support was ordered on just what he said he made. which is a lot less then the true income. I now live in florida, can i have the family court here take it up or does the supreme court order stand for family court also? also, he was issued to pay all back support which he hasnt and i cant go to n.y. for court. what can i do about a new order because of the lack of proof of income and can I change to florida. we live here now 18 mths.and have never been back since moving here. thank you


Asked on 4/25/05, 1:03 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: re-evaluate child support and jurisdiction

You can go to the Family or Domestic Relations Court in Florida, with jurisdiction over INTERSTATE CHILD support enforcement matters and file a Petition in the Florida Court. The Florida Court will then be able to "CORRESPOND" with the NY Court, that has RETAINED jurisdiction over the father (presumbly still a NY resident) and your child and support issues.

Keep in mind that you should NOT be in violation of any NY Court Order, respecting issues of child custody, residence, visitation etc. You must come to the Court with "clean hands" and in "good faith;" and with all necessary and relevant information and documents.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 4/25/05, 9:52 am


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