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Hi- I have a custody order in place in the state of New York. I have residential custody of my two children. In the agreement, it states that I am not able to relocate with my children more than 35 miles or out of the state of New York without the fathers permission. Since the order, I have moved to Connecticut, and did obtain the fathers permission to relocate, however not without paying him $100 per week in order to do so. Is this legal? We do have a child support order in place (from him to myself), and he made me sign a notarized promissory note to pay this amount weekly out of the child support. Is this extortion?
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
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What your ex is doing is worse than extortion- he's been stealing $400/month from your kids. Child support is for your children, not for you. His agreement with you is illegal, and he must pay you back the $100/ week child support that you gave him. If he refuses, tell him you'll file a petition for back child support in your local family court in Connecticut, and he'll have to come to Connecticut to defend it. And don't pay him another cent!
Answered on Nov 12th, 2017 at 2:50 PM