Legal Question in Family Law in New York

How do I stop child support

I have had custody of my son since 2/11/00. I reside in Md., and the order is in NY. On 2/11/00, I received custody of my son through the courts,in Md. My ex-wife also now lives in Md., since 9/00, and I still have an order to pay in NY. No one seems to know what I need to do. Please Help.


Asked on 2/06/02, 4:31 am

3 Answers from Attorneys

Ana Avenda�o Law Office of Ana Avenda�o

Re: How do I stop child support

Under Maryland Law, you are going to have to show the Court that there has been a significant change in circumstances to warrant a change in support. The yard-stick is a 20% change in income of one of the parents--or something else that shows that your circumstances now are significantly different than those at the time the Order was entered. Also, it's fairly simple to calculate how much support you should be paying, if your and the mother's income total less than $10,000 a month--Maryland publishes gudelines which you can find on the web. If either of you has the child overnight for 35% of the time or more, then the guidelines get more complicated.

The child support order from NY is still valid in Maryland--just as the order giving you custody was.

If you can't afford a lawyer, most courts have someone in the Family Division who can help you sort through the forms.

Hope this helps.

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Answered on 2/06/02, 9:32 am

Re: How do I stop child support

Since eveyone now lives in Maryland, you should have a Maryland Lawyer determine, by using the Maryland Child support guidelines, how much child support your spouse should pay you. Go to the Maryland Court that gave you custody and file with the Maryland Court. Then send the Maryland Order for Child support to N.Y. so that they will cease to be involved with this case. Everything will now be done in Maryland.

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Answered on 2/06/02, 10:05 am
Jean Mahserjian Jean M. Mahserjian, Esq., PC

Re: How do I stop child support

If you both live in MD, MD now has jurisdiction to modify child support. Go to your local family court and file a petition to modify. If your ex had remained in NY, only NY would have been able to modify the support. Given her move, you can take care of that in MD. THe issues of interstate support are complicated. If you would like to review my newsletters that cover that issue, go to www.millenniumdivorce.com and go to the newsletters page. Follow the links to the archives. There are at least two newsletter articles from the last six months covering this issue.

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Answered on 2/06/02, 7:22 am


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