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Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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My divorce decree and child support order was filed in a ...

Resolved Question:

My divorce decree and child support order was filed in a New York Court, and my residence has been Tennessee since I separated from my ex-husband, and he no longer resides in New York; he now resides in Missouri (I think). Which law will take precent in order to increase my child support based on his substantial increase in salary. Can I retain application of New York law and defend it in Tennessee?
Submitted: 9 years ago.
Category: Family Law
Expert:  Walter replied 9 years ago.

Hello,

Since you have moved out of NY and he is no longer a resident either you will be required to modify the order in the state the child resides in. The courts in Tennessee would have jurisdiction over the case.

I wish you the best,

Walter

Walter and 2 other Family Law Specialists are ready to help you
Customer: replied 9 years ago.
I would like some case law or statutory law to aid me in defending my son's legal entitlement to the original 17% of father's gross salary that he was awarded during the divorce. Tennesse's presumptive salary cap phenominally undercuts the amount he will now receive. The child will not enjoy the benefit of the dual income up-bringing he would have had or a reasonable standard of living comparitively to the one that would have been provided but for the divorce. I need to build an argument saying that the capped child support benefit will not reasonably provide the minor child with the standard of living he is entitled to as a child of the marriage.
Expert:  Walter replied 9 years ago.

Hello,

Your new request significantly is different then the original question so you will want to open a new question for this. Case law can be found on line with a great deal of research. Most lawyers hire paralegals to do this work as it is very time consuming.

I myself do not do case law research due to the amount of work that goes into the research. You can open a new question at this link: www.justanswer.com and if there is a expert available to do the work they will get back with you.

I wish you the best,

Walter