Q: I used to live in Virginia and my child support case is there but i no longer live in Virginia. I moved to New York a year ago. Neither I or the custodial parent live in the state of Virginia. The mother Lives in upstate New york and when I moved here I asked her to move the case so that I could receive a modification because I no longer make the same income as i was before. She refuses to close and re-open the case here in New York (she rather me get my license suspended), and now I’m stuck with arrears(5,000) from a year of trying to find a job here in NY. I did personally go to the child support office here in NY for a modification but was told only the mother can close and re open a new case. I do send child support every week of what i can but I know it doesn’t go towards my arrears and it just keeps adding up because my income has decreased a lot. Do i need to petition her and take her to court? Please advise. thank you!
A: You’d need to first file a petition to register the out-of-state order. Then file a petition for modification – bear in mind for venue purposes it should be filed in the county where the mother/child reside. Schedule a consult with a Bronx Family Law attorney for more info.