Q: My son’s mother has a child support order established in Brooklyn. She just moved to NC. I live in VA. How do we move it
I want the order moved to NC or VA. I also just lost my job and plan to put a stop order on the order until I find a new job. I always pay my child support, however I think my new job will be less money and would like a modification. Will they base the number on NY or will they base it on NC or VA
A: When a court issues a child support order, that court has exclusive continuing jurisdiction to modify that order so long as someone continues to live in the state.
Unlike custody that follows the child, the new jurisdiction to modify support cannot be determined until someone wants to modify.
Whoever wants to modify must go to the responding party's location. So, if you in VA are the first to want to modify, you go to NC. Once NC issues an order, NC has continuing exclusive jurisdiction so long as the mother lives there.
If the mother in NC wants to modify, she comes to you in VA. Jurisdiction stays thereafter.
The amount of support will be based on the law of the state modifying. The duration will be NY duration. I think NY has support to 21 whereas a VA is age 18. So a VA court would set the amount by VA law, but you would pay as long as you would in NY.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.