Legal Question in Family Law in New York

My children are relocating to Virginia... is there a child support adjustment?

My kids are relocating with their father to Va. from New Jersey. I live in New York. Can the child support case be transferred to NY, and can there be a child support adjustment for the kids based on the difference in cost of living for my kids who will now reside in Va.


Asked on 3/06/03, 8:36 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: My children are relocating to Virginia... is there a child support adjustmen

There is no downward modification available to you under your theory of a reduced cost of living in Virginia. The Uniform Child Support Law, respecting percentages is applied nationally.

However, you may apply for downward modification of your child support, in the State ordering the support, NY or NJ, under the theory of change of circumstances, "the move" and that application of the standard percentage is unfair & inappropriate, due your increased costs, expenses and disbursements of maintaining a parental relationship with the children. To wit: telephone expenses, travel expenses, etc.. The Court must consider these factors & may reduce accordingly

Good luck,

Phroska McAlister

Read more
Answered on 3/08/03, 3:47 pm
Gary Moore Gary Moore Attorney At Law

Re: My children are relocating to Virginia... is there a child support adjustmen

Normally jurisdiction would follow the kids to their new state. I would think that the new jersey divorce judgment would be given full faith and credit in the children's state of residence but that the review of the support obligation would be controlled by Virginia law. A bit of research would make for a better legal opinion. 800 273 7933.

Read more
Answered on 3/07/03, 3:03 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York