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I have a child support order from MA entered in 2008. I have moved to NY since. Which state has jurisdiction over the matter?

Hicksville, NY |

I have an existing child support order entered in MA in 2008. In 2009 it was modified to make him pay monthly instead of weekly. I have since moved to NY in 2009 and the burden of transporting the child for visitation and the expense is on me. If I were to ask for an upward modification of the order due to severe change in circumstances ( I understand it need not be granted), which state has jurisdiction over the matter? The child is nearly 11 and moved with me to NY in Oct of 2009. Can I approach NY for a modification of the order or does MA still get to retain the order as well as further modifications? He still lives in MA.

Attorney Answers 4

Posted

File in NY for the child support modification. Does the agreement state that you are responsible for the transportation costs or is that someone you volunteered? Also, has there been any custody orders?

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Joseph S Hubicki

Joseph S Hubicki

Posted

Under UIFSA, the MA court has exclusive jurisdiction.

Posted

The support order can be modified only by the Massachusetts court. The issue of jurisdiction is governed by the Uniform Interstate Family Support Act (UIFSA) which applies in this case. Pursuant to the UIFSA, a court that has issued a support order has continuing exclusive jurisdiction over the support order as long as the state remains the residence of the obligor, or the individual obligee or the child for whose benefit the support order was issued.” Since the father is the obligor and still lives there, only the Massachusetts court can modify the order.

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Posted

You can file here but since the order is a MA order and the father still lives in MA jurisdiction remains in MA. The case will be transferred to MA for determination. You can appear by telephone in most cases.

I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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Posted

You live in New York with the child. Therefore, you should file in New York for the upward modification. If you need assistance, please contact me or another family law practitioner.

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