Brooklyn, NY asked in Child Support, Divorce and Family Law for New York

Q: Automated child support - if ex spouse planning to move overseas. What are my options?

My soon to be ex is returning back to Russia. If I get a full custody and stay in US - what are my options to get child support from him? Can I claim child support amount until both kids are 18 y.o. to be paid from the proceeds of the sale of his apartment (his separate property, but where we lived for 14 years and both kids were born there)? Is there any system/trust/escrow account that holds this amount and I can get monthly child support payments automatically?

1 Lawyer Answer
Howard E. Knispel
Howard E. Knispel
  • Commack, NY
  • Licensed in New York

A: While you can certainly get a court order of child support, Russian courts may not enforce it. There is no statutory authority to force a lump sum child support order and there is nothing in the law that would establish any kind of trust account. Also you should be aware that child support in NY (where the children live) ends at 21.

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