rdavies123
Sep 24, 2011, 09:38 PM
I was wondering if a child support case that was issued in New York can be modified because the payor now resides in Florida. Also contruibting factors involved is the child is 27 (back support 520.00 monthly) and the payor is disabled.
Fr_Chuck
Sep 25, 2011, 04:31 AM
Merely the person who is paying moving is not a reason to go back to court. If the other parent is still living in NY, then any modification will have to be done in NY court.
The issue here is that this is back pay, so the amount you owe, most likely can not be changed, unless you can prove it was not the correct percentage according to your wages at that time.
If the amount you pay toward the balance of the back amount owed is set upon current earnings, then if your income has changed, you can petition the court to modify the back support order.
The age of the "child" has no bearing, since this is back support, it merely shows you did not properly pay years ago.
ScottGem
Sep 25, 2011, 06:08 AM
As long as one parent remains in the jurisdiction of the original order then that court has jurisdiction.
Age of the child is NOT a contributing factor, since the payor is paying arrears not support. However, current income could be a factor. So the payor has to file in NY for a modification.