Legal Question in Family Law in New York

Re: splitting support payments for two children, one in college

The answer is yes. You need to seek modification of the child support, etc.

Suggest you consult with an experienced matrimonial attorney.

FYI - I practice in NYC and Long Island.

Re: splitting support payments for two children, one in college

You have many options here. Regarding the college son, you can petition for a modification of the original support order. The best way to present it might be to suggest that you are now the custodial parent (he lives with you when he is not away at college) and therefore the payments to the other parent for room/board/etc support are no longer appropriate.

This must be done in the court which issued the original order (your question suggests this was NY).

There are questions regarding the 14 year old son and the other parent's right to move him so far away from you and the impact on your visitation rights. Not having seen the original documents it is difficult for me to comment on this issue. But you may have rights here as well.

Since NC is so much cheaper than NY, your payments may be reduced. The other parent may be required to pay the transportation costs for the son to visit you, or you may get a change of custody on this basis alone. You have options.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786