My husband and I have been separated for 2 years and currently share custody of our daughter 50/50. Due to him not working, I have been paying child support. We created our own informal separation agreement, and both signed it, agreeing on a child support figure. Nothing was filed anywhere, but I have been paying based on this agreement.
My husband now wants to move back to Syracuse to be closer to his family, and take our daughter with him. I have not decided whether to fight this - After supporting two households for two years I am in considerable debt and have no resources to fight him so I may just have to let them go.
So assuming my husband and daughter move back to Rochester, and assuming our informal separation agreement is not legally binding, my question is this - can he now file a claim for child support in NY (where child support is much more favorable for a dependent spouse)? Or would child support be calculated based on North Carolina law?