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JerrySJD
JerrySJD, Attorney
Category: Family Law
Satisfied Customers: 821
Experience:  Divorce, child custody, support, mediation, alimony
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I am recently divorced in MA. I have been offered jobs in

Customer Question

I am recently divorced in MA.
I have been offered jobs in NYC and CA,
What are the rules as far as relocating after divorce?
Do I have to stay in MA?
How does this affect child support?
Submitted: 5 years ago.
Category: Family Law
Expert:  JerrySJD replied 5 years ago.

JerrySJD :

It depends on whether you have primary residential custody of the children or shared primary custody. If you just have visitation and joint custody, you need to give the other spouse notice. You also have to read your divorce decree and settlement or separation agreement carefully to see if the issue is addressed in that document. Sometimes other notice provisions are set out. If the children are going to stay in MA, and not relocate, then the procedure is usually notice to the other spouse. If you plan to take the children with you, court approval is definitely required. That is not impossible to get, but you will need to show that the children will have a good school, home, and that the children are close to you, among other things.

JerrySJD :

You are concerned about child support. That should remain the same, unless you have primary physical residential custody or shared primary. In the later case, your child support could increase based on increased expenses to the other spouse. This would come by way of a Motion for Modification due to a subtantial change in circumstances. Also, if your income is increased at the new job, your child support could go up, also due to a subtantial change in circumstances (increased income).

JerrySJD :

We live in a mobile society, so courts do not like to prevent moves, particularly for new jobs, where the children will not be subtantially effected.

JerrySJD :

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