I was divorced in Connecticut several years ago and have resided with my child for over 5 years in New York. My ex husband and I drew up and agreement stating I could relocate with him but it was never processed through the courts. A few years ago, he changed his mind and brought me to court to modify custody in the CT court system. The judge stated that my ex had agreed on the relocation and said he can't go back on it now that my son had resided in NY. She referred to my son as a "New York kid" and stated she had no control over anything that had to do with my son as he resides in NY. Since loosing that court case, my ex husband has withheld child support and stopped contributing to my son's health insurance (our agreement states we BOTH need to contribute insurance towards my son - I currently pay over $800 a month in insurance premium for myself and son, as well as 46% of any additional medical expenses). He stopped visiting with him, and refuses to pay for braces (which he desperately needs). I'm starting to get behind on the bills. I know I need to sue him for this money through the NY court, but do I need to do anything prior to have my CT agreement put on record in NY?
Does your former spouse still reside in Connecticut or has he also relocated to NY? Was your agreement Incorporated into your Connecticut Divorce degree?
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The jurisdiction for child support is where the child has resided the last 6 months. You can go to the Child Support Enforcement Bureau and have them file an action for violation, or you can go to the Nassau County Family Court with your papers and file for a violation. You do not need to do anything in CT. You might want to speak to an attorney to do this.
The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons.
I would suggest filing a domestic action petition under an F-Docket in your county. Then seek enforcement by way of a violation petition.
Without an attorney I doubt anything will come of this because this ex sounds as if he has substantial experience in flouting court orders. Some exes are privileged that way.
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