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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 36753
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am in New York and My son lives in California. What we are

Customer Question

I am in New York and My son lives in California. What we are batling over now is interest they say I ow because California doesn't have to abide by NY court deciesions
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

In what state did the initial decree take place? Was it New York of California? If California, was the order formally removed to NY courts via a change of venue?
Customer: replied 1 year ago.

The separation was originated in NY and made part of the divorce decree in Cal

Expert:  Dimitry K., Esq. replied 1 year ago.
Abraham,

I see So the child support decree is based out of California? Are the children also residing in California or do they reside with you in New York?
Customer: replied 1 year ago.

The child is now 43 years old and I think he still lives with his mother. all thought we haven't spoke in years

Expert:  Dimitry K., Esq. replied 1 year ago.

Abraham,

In that case I am failing to see what New York state has to do with this modification. Since this decree was put in place in California, then only California law governs modification, unless the whole venue is changed formally for this case. I can absolutely see why California is ignoring New York modifications, that state had nothing to do with putting the order in place so they cannot be made to modify the conditions. Unless I am misunderstanding something from your facts, or missing something material, California can compel you to file there for any modification or revision, but they really have no need to honor NYS changes. I realize this is likely not what you hoped to hear, but I must be honest based on the facts that you provided.

Good luck.

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