Question:
My ex-wife and I signed a separation and property settlement agreement in Connecticut in 2002. We have both since moved, she to New York where she lives with our daughter and me to New York.
There was an article in the agreement regarding educational expenses that stated that I am responsible for 50 percent of all educational expenses incurred for college on behalf of the child, limited to the cost of a Connecticut state resident attending the University of Connecticut at that same time.
The case has not been transferred regarding child support. Can my ex-wife change the child support order to New York where the child support calculator would increase my child support drastically? Can she change the educational expense article to New York laws?
Answer:
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
It seems as if the Uniform Interstate Family Support Act (UIFSA) applies to your case. This uniform law attempts to avoid multi-state support actions by favoring litigation in the state where the child is living.
The state that originally issued the child support order has exclusive, continuing jurisdiction to modify the order unless both parents and the child no longer live in that state.
In this circumstance, the state in which your ex and your child live should have jurisdiction to modify the support order. The state in which the original order was entered simply has jurisdiction to enforce its own order.
With respect to child support increasing, it depends on New York’s law. Some states look only at the income of the parents, and the expenses of age are figured into the calculation. Other states also look to the child’s needs as well as the parental income.
She may also be able to change the education expenses to New York since your child lives there now.
Remember, I am unable to provide you with anything more than divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey divorce lawyer Diana Bishara, contact Cordell & Cordell.
