QUESTION
If a non-custodial parent moves out of state & is no longer employed due to relocation, can the amount for support be modified?
Asked on Sep 25th, 2013 on Child Support - New York
More details to this question:
I live in NY state. When the divorce is finalized I will be the non-custodial parent. I want to move back to FL to be with family. Child support in NY is 17% + other child care expenses (daycare, health care, etc). When I move to FL I won't have a job due to relocation. I'd have to quit my current job to move. A lawyer advised me that I would still be expected to pay the max child support expenses despite not having a job because I chose to leave the job. If I find a job in FL that pays less, he said that the court still most likely will not modify the support amount because I voluntarily chose to quit the job I had to relocate. He also said the courts do not care if I do not have enough money to provide myself with food & shelter, & it won't be reduced cuz this. Is this true?
1 ANSWER
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The court won't be sympathetic that you want to voluntarily reduce your income (by quitting your job) just to relocate to Florida. You are stuck with the New York judgment. Try to find a reasonable job in Florida now, while the case is going on, and get the award to be adjusted now. Why wait until the divorce is final? If you can't get a job, you probably shouldn't move. Regardless, you will be missing out on valuable time with your child if you move that far away. It sounds like you may have room to negotiate with your spouse in the divorce - try to get the child support award at an amount you can afford based on what your new job will allow.
Talk to a lawyer in person to get a better assessment of your case. Good luck.
Answered on Oct 01st, 2013 at 4:04 PM