Relocating to another state with my son/ will I have to go to court in new state if child support is already established?

Asked in Springfield, MA - over 3 years

I am a single mom with full custody of my son. Relocating to California, his father will relocate there as well to live nearby. I am already recieving child-support through the state of Massachusetts, will I have to re-establish the terms in Calilfornia?

Attorney Answers (2)

Christopher W. Vaughn-Martel

Dorchester Center Family Law Attorney

Licensed in MA

0

Answered over 3 years ago. You should make sure that you have a written agreement, signed by the non-custodial parents, granting permission to relocate the child to another state. In the absence of permission from the non-custodial spouse, you need to obtain permission of the court (a modification) before taking your child out of the state. Please feel free to contact my office if you would like further assistance in this matter. 617-357-4898.

VAUGHN-MARTEL LAW

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Gabriel Cheong

Needham Child Custody Lawyer

Licensed in MA

0

Answered over 3 years ago. If the child support is currently being paid thru the DOR and the father is getting a new job in CA, then a new wage assignment needs to take place. Tell DOR about the new job.

In CA, there is a chance that they will not take out the same amount of child support because there is a percentage cap in CA. Father will have to pay over to DOR directly the difference between what is wage garnished and what he actually owes in child support or else he will be in arrears.