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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 20109
Experience:  Attorney with experience in family law.
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I live in Virginia (recently moved), my Ex lives in Upstate

Customer Question

I live in Virginia (recently moved), my Ex lives in Upstate NY with my two Boys. NY's laws are extremely discriminatory against fathers. Is there any way that I can have the divorce case moved to Virginia since I live and work here and my income is no longer relevant in NY?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is Lucy and I'd be happy to answer your questions today.

Unfortunately, the New York courts retain jurisdiction over the divorce and child custody as long as the children are living in New York. A New York judge would not agree to transfer the case to Virginia, and Virgina cannot hear the case if it is already pending in New York.

New York law provides that a non-custodial parent may be ordered to pay 25% of post-tax income to support two children. You are not required to agree to pay more than half of your earnings and your attorney cannot agree without your consent. The standards only go up to 35%, even if you had five or more children. Your attorney cannot force you to sign anything that you do not agree to.
https://www.childsupport.ny.gov/dcse/pdfs/cssa_2013.pdf

You may want to discuss your concerns with your lawyer. If he is not representing your wishes or listening to your concerns, you do have the right to seek other counsel.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 20109
Experience: Attorney with experience in family law.
Lucy, Esq. and 10 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Excellent and timely answer, thank you. I just am floored that NYS is so horrible against fathers. Because the "25%" is for child support only. Then they add Spousal Support, Day Care, Retirement, and my Veteran's Disability to the mix. That is why I am being forced to pay so much. I was just hoping that there would be some sort of reprieve for me being in another state and the fact that my Ex forced me out of the house and the marriage. As in I know that there is another man, because my 3yo Son keps talking about the "other daddy," I just can prove it.

Expert:  Lucy, Esq. replied 1 year ago.
The laws really are horribly unfair, and I'm sorry about that. If she moves another man into the home, you can seek termination of spousal support, which could relieve some of the pressure.

If they're trying to get you to pay for 100% of child care expenses, you can also try to argue for half (or to have those expenses deducted from support), or ask that she produce evidence showing what day care costs.

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