Divorce
High Net Worth Divorce
Protection For Your Children
Domestic Abuse

Can I file a Motion to Vacate an Order of Support if the father (custodial parent) moved from NY to LA?

Q: My son is 18 attending San Diego State Univ. I live in The Bronx, NY. His father, a lawyer, lived in Tarrytown (Westchester county) when he filed for child support in May 2018. I agreed to $130/wk on our last court date 11/26/18. At the time I believed he had already moved. Thru investigation he has relocated to Los Angeles and is also employed at a law firm there. He left NY mid October. New tenants are now at his old address as of 11/1/18. Can I file a motion based on Westchester County not having jusrisdiction over me since I live in Bronx County & the father is living in Los Angeles County, CA? He also filed a petition to have me help pay for college. Can I request that be dropped also? He said in court and in his recent filings that he still lives at the Tarrytown address. He’s lying under oath! 

A: New York State would likely retain jurisdiction over the case as you still live in NY. You could conceivably move to change venue to the bronx if he no longer lives in Westchester, however. Schedule a consult with a Bronx Family Law attorney for a full assessment. 

FindLaw Network
David-Bliven-Badge