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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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hello, is it posable for me to move my child support case ...

Customer Question

hello, is it posable for me to move my child support case from miami ,florida to new york, the case was opened in miami fla, the mother now lives in california and i live in new york still. if so how would i go about doing so?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Could you please clarify who is the parent responsible for paying support and what state that parent is currently residing in?

Thank you.

Customer: replied 9 years ago.
Reply toCustomers Post: hello the father is responsible for paying the child support, and he live in new york, the mother lives in california. the court case was held in miami fla
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your response.

In order for New York to take jurisdiction of the support case filed in Florida, you will need to have your current child support order registered with the New York court which handles child supports. The law of Florida will still regulate the provisions of child support, but the case will be heard in New York.

You can access the forms to register your case over to New York here. From reading the forms you will need to have a current issue pending that needs to be addressed in the new state. Such as modification of the current orders. The form contain instructions but I would also suggest you contact the court clerk of New York to see if they have assistants to guide you through the process.

You can also contact the New York support enforcement agency to see if they offer the service of registering the orders for you.

Proper jurisdiction would be where the paying parent resides so, New York should take jurisdiction for the support issue and not California.


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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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Customer: replied 9 years ago.
i would like to know if my whole court case can be moved from florida to new york, we the mother and I went to court in miami fla but she moved to california,and i still live in california. is it possible for me to request the case be moved to new york or do i have to keep flying to miami to deal with this issue
Expert:  Attorney & Mediator replied 9 years ago.
If you are not a resident of New York, you will not be able to register that child support case in that state. The law of New York requires that you be a resident of the state you which to transfer the case to. If you are still living in California, then New York will not take jurisdiction of the child support. In your original post you stated that you lived in New York, so my answer was based on the assumption that you made residence there. Since you live in California, New York will not take jurisdiction until you move to New York and become a resident there. So I want to make sure this is clear.

As to the "whole case", Florida will continue to have jurisdiction. For issues of custody you can transfer the case but that can only be transferred to the state where the child is now a resident. So if the child is living with Mother in California, only California will take jurisdiction in issue of child custody.

Issues unrelated to child support or child custody will remain in the jursidiction of Florida.


So it appears that it might be feasible to keep the case in Florida if your main concern are the issues of child support and custody or else you may have to be traveling to California for child custody issues if you move to New York and other issues in your case will have to be addressed in Florida.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 9 years ago.
Reply toCustomers Post: I am sorry , but i do live in new york , I think the answer you gave me explains it perfectly , I am have to apply all my request for custody and child support modifications in miami florida
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for clarifying that you do live in New York.

Yes, as to the child custody that will take place in California, so yes you may want to decide to stick with Miami for the time being.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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