Can Support Be Modified If All Parties Have Moved?

**Newlyblond** · 01-08-2006, 08:37 PM

My husband and his first wife were divorced in NY, and the Child Support Order was issued by the Court in Suffolk County, NY. Approximately two years ago, my husband allowed his ex-wife to move with the child to MD where they still reside. My husband and I have now moved to FL. We are wondering if the Child Support Order can now be modified (as to the calculation of the amount) to adhere to the formula that MD or FL uses which is almost certainly more favorable to the obligor than that of NY (17% of the obligor's gross income for one child). If so, where would the Petition be filed? Must it be filed in NY?

**ceara** · 01-08-2006, 09:11 PM

It doesn't really work like that. If it did, everyone would "shop around" and find the state that would serve thier interests best.

Also, 17% for 1 child is very favorable to the NCP. Texas is 20% for one PLUS medical.

**Newlyblond** · 01-08-2006, 10:18 PM

I doubt that anybody would actually move to get a better rate. Moving isn't easy (I just went through it). It is fraught with expense and hard work in and of itself.

My point is that the mother and child moved first - to Maryland. It just seems reasonable that the support should now be based on the MD scale - where the child resides and where the expenses of rearing him are taking place.

**ceara** · 01-08-2006, 11:44 PM

"Normal" people don't usually do this, but when speaking of wealthy people, "shopping around" for a better rate can make a HUGE difference in the amount they would pay/receive over the years. So, in order to keep this small group from abusing the system, restrictions have to be placed on everyone. Maryland now has jurisdiction, so that is where the motion would need to be filed. The judge can take into consideration the difference in cost of living, but mom can fight a change. Before you do anything though, go here:

http://www.dhr.state.md.us/csea/worksheet.htm

and use the child support calculator for MD. It may turn out to be higher there.

**Newlyblond1** · 01-09-2006, 07:31 PM

Thank you for providing the link. I realize that his ex could fight it (and probably would) but there are circumstances beyond the physical move that I didn't mention. My husband will probably be making half in FL or what he earned in Manhattan (if he's lucky). Indeed at present he is unemployed. So we will need to petition the Court to readjust this one way or the other. He's not going to be able to pay $800 per month for one child anymore and be able to afford to live as well (even with my salary coming in which is also greatly reduced). In fact, my salary shouldn't figure into the computation at all. At least it doesn't in NY.

**ceara** · 01-09-2006, 09:49 PM

Your income wouldn't be counted in any state. Before your husband files for modification, it would be a good idea to research an estimated range of what he COULD earn in FL for the same position he held in NY. A judge can set CS based on what a person is capable of making so it may be helpful to be able to tell the judge how much he is capable of earning in FL so that the judge can AT LEAST take into consideration the fact he is no longer able to earn his past income. How much weight this will actually carry, will depend on the judge, but if your hubby goes in well prepared and states his case clearly and respectfully he'll stand a better chance of getting on the judges good side as opposed to looking like a loser that just wants his CS lowered because he can't manage to hold down a job (I'm not saying that is a true desciption of him, just one way that he could be conceived). Family court judges have heard every excuse in the book and then some, so there's no way of knowing how he will look at the situation.

It would also be a good idea to at least get a consultation with an attorney from the same city the hearing will be in. An experienced one will better know what the judges standard attitude and point of view is and can help you with the best way to present the case.

**Newlyblond** · 01-15-2006, 01:37 PM

**aaron** · 01-15-2006, 02:48 PM

**appletonp** · 02-01-2006, 08:41 AM

An Intersate unification process occurred some years ago, so that there shall be only one order, in one place at one time.

The order that now controls, is NY (amt and duration). till 21 in NY..
The 'moving party', the one who want to modify...must petition in the state of the other ('respondent') under circumstances you describe....the guidelines of MD will apply but NY duration will apply....as it cannot be changed.

Consult an attorney, UIFSA section 611 applies...he ( your husband) must however first (and/or) simultaneous with modification request, register the order in the Fla. court that would have the personal jurisdiction of mother of cs receiving child....

**appletonp** · 02-01-2006, 08:45 AM

Make that MD court, he registers...
He must 'play away' to modify....other advise about consulting atty in X's court jurisdiction is on target. as well as the caution about 'imputation'....a CS amount ruled by judge who thinks it should be on what he made in manhattan....and damn him if he can't... be careful