My ex husband is unemployed and my child support payment dropped $1600 so I can no longer afford to stay in my house. I am restricted from moving out of the school district. I would like to rent my house and move in with my parents but keep the kids in the same district. My ex is restricted from moving more than 20 miles outside of the district but he lives with his girlfriend 27.9 miles away. Can I have the courts change this in my agreement and do I have to wait for the court in order to move?
You can file a petition in Family Court or Supreme Court seeking a modification of the restriction from moving out of the children's school district, based upon a change of your financial circumstances. You can file this petition along with the other petition for the child support arrears. It is recommended, of course, to consult with an experienced attorney to guide you through this process.
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You would need to file a Motion and request that the court permit you to move out of the district. You will need compelling reasons as you consented to the radius clause.
As he is in violation perhaps you two can agree to modify the divorce settlement?
This answer has been prepared for informational purposes only and does not constitute legal advice of Todd A. Spodek, Esq., Spodek Law Group P.C. or any of its attorneys, and is not guaranteed to be correct, complete, or up-to-date. You should not act, or rely on any information in this website without seeking the independent advice of an attorney of your choice.
The first step is to try to negotiate an amendment to the agreement. The second step would be a petition in Family Court.
Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.
You can seek a modification based on substantial change in circumstances. Your decreased support and the fact that your ex has moved are good factors. There maybe other issues regarding keeping your child in the district. Contact an attorney to discuss this matter.
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.
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