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New York/CT family law; MOving from CA to NY Custody law changes.

New York, NY |

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?

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Attorney answers 3

Posted

Can not comment on CA law, ask a CA lawyer. If all of you are moving to NY, then in 6 months any will have jurisdiction. Need to review the current order. Each party can seek to modify based upon a change in circumstances. Child support payable to the physical custodial party would be 17 percent of adjusted combined gross up to cap of $136,000 and then discretionary above that amount. Pro rata add ons for child care, medical extras amd possibly educational expenses.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Asker

Posted

Does NY favour 50/50 custody as CA does? Can he ask for more and more time with the child once we move there, even though we have a current visitation plan in place?

Posted

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/child_support_calculator.shtml. 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.

* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

Asker

Posted

Understood. If we have a stipulated visitation in place now, once we both move it will still be enforced. He can ONLY change it if there is a significant change in circumstances (we lived too far apart or smth else). Is that right? Does NY state favor 50/50 custody as CA does? THanks!

Marco Caviglia

Marco Caviglia

Posted

I don't know if you could say it is favored, but certainly if it exists, it will not be disturbed unless someone moves to modify it successfully.

David Ivan Bliven

David Ivan Bliven

Posted

The standard for modification is generally whether such a change would be "in the best interests of the child" as determined by the Judge. "Shared" custody (a 50-50 split) isn't "favored" in most cases because it assumes the parents generally live quite close & are able to work with each other closely on issues relating to the child. Once again, I encourage you to schedule a consultation as no definitive assessment can be given without one. * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

Posted

Answering your questions seriatim: No changes unless a court makes them; If there are no jurisdictional ties to California, there is no impediment to NY jurisdiction (i.e. California is no longer the home state); Yes; calculation for child support is calculated on percentages obtained from the federal government, so should be the same percentages that were applied in California. However, there a multiple on line sites for NY calcualtion of the guideline percentages.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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