Liverpool, NY asked in Child Support for Virginia

Q: Child support - which state guidelines are followed when moving?

I'm the custodial parent with a child support order in NY. NY requires support until age 21. We will be moving to VA at which time support is only required until age 18 (child will be 17 at time of move). Which state guidelines are followed? The laws of the originating state or the laws of the state of current residence? Can the NCP seek a modification as VA will be more favorable to her (i.e. less duration of support)?

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1 Lawyer Answer
Michael Christopher Miller
Michael Christopher Miller
Answered
  • Vienna, VA
  • Licensed in Virginia

A: A state can only modify the provisions of an order that the state that issued the order can modify. NY cannot modify child support for any age but 21, therefore VA will enforce child support until age 21.

There is no less duration of support option available to the payor.

VA could modify the amount until then as could NY.

1 user found this answer helpful

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