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View Full Version : Move-away law in New York


yourdaddy
Aug 27, 2009, 09:29 PM
I AM THE DIVORCED FATHER OF THREE . I JUST RECENTLY SECURED A JOB OVERSEAS AND HAVE SUPPORT ARREARS PREVENTING ME FROM GETTING A PASSPORT. IN TRYING TO WORK OUT A DEAL WITH MY EX REGARDING REMOVING NEW YORK STATE CHILD SUPPORT AND PAYING THE ARREARS PRIVATELY SHE HAS INFORMED ME TODAY THAT SHE IS GETTING REMARRIED AND MOVING TO FLORIDA AND HAS RETAINED AN ATTORNEY TO MODIFY THE DIVORCE AGREEMENT TO ALLOW HER TO MOVE . MY JOB OVERSEAS IS TEMPORARY (5 months) and there deal to me is if I don't contest this they will allow me pay the arrears privately thus vacating / forgiving the arrears in judgement with nys . I don't have this job until I can get the pasport and can't afford the type of lawyer I need to stop this extortion. Can anyone with a legal backround help me

yourdaddy
Aug 28, 2009, 04:34 AM
At this point yes . Although the job is temp employment with the company will be permanent in that a job in the us would be available in the us upon my return I just have to do the 5 month thing to get in the door. But let me be clear , what is happening is my ex is holding me hostage in that she will forgive the arrears if I agree to allow her to relocate with my kids from New York to fla

ScottGem
Aug 28, 2009, 06:09 AM
Yes its extortion, but unfortunately its legal extortion. You created this situation by being in arrears in the first place.

Frankly, I don't see a choice. Either allow the move or give up the job. Of course you can always clear up the arrears.

cdad
Aug 28, 2009, 01:43 PM
How far in arrears are you ?

yourdaddy
Aug 28, 2009, 06:21 PM
According to my ex wife's attorney approx7900.00

cdad
Aug 28, 2009, 07:20 PM
according to my ex wifes attorney approx7900.00

Ok its not up to him / her. How much does the courts say ? Or the agency your paying the money to ?

yourdaddy
Aug 28, 2009, 09:16 PM
I don't understand your question

yourdaddy
Aug 29, 2009, 02:28 AM
I'm sorry iwas being sidetracked and miswrote I would have to agree with that number or approx number. When she filed for separation it was many months before an order was issued for support however it was prorated thus putting me in arrears the very day the order became effective

ScottGem
Aug 29, 2009, 05:52 AM
im sorry iwas being sidetracked and miswrote i would have to agree with that number or approx number. when she filed for separation it was many months before an order was issued for support however it was prorated thus putting me in arrears the very day the order became effective

It is normal that support is backdated to the date the request was filed. But those arrears are generally added to the monthly amount, not requested in a lump sum. Of course you might have been warned that you would have to pay so you should have started putting that money aside.