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?
Divorce / Separation Lawyer
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.
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Divorce / Separation Lawyer
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.
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Criminal Defense Attorney
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.
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