Q: We are moving from CA to NY. What are the changes we should expect in terms of Custody/Child Support/OTher. Now we have both joint custodies and a stipulated visitation plan until the baby is 3 y.o. She is 1.3 y.o now. Does jurisdiction go over to NY once we live there 6 months? Can my ex file for more time once he is there? HOw is child support calculated?
A: David's Answer: Merely moving from one state to another would not necessarily, in itself, create a basis for modification of either visitation or child support. If there is already an agreement regarding visitation, then unless (once you move) he'll be significantly closer or farther away, there seems to me no basis to change the visitation. And regarding the child support, unless expenses are anticipated to greatly increase, there also seems to be little basis for modification. That said, here's an online calculator to figure out the approximate amount: http://www.nyc.gov/html/hra/html/directory/chil.... As an aside, jurisdicition for modification goes to NY immediately if both of you move to NY - the 6-month jurisdicition analysis applies only to INITIAL applications, not modification or enforcement petitions (and even then, only applies to custody/visitation cases). In any event, feel free to schedule a consultation with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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