Child Support


#1

Hello, I had my divorce in 2009 under NY State Law, state which I had lived during my prior marriage. I had since then, re married and had a new son with my new wife. With my former wife we had three children and the american dream as it is said, House, dogs, two cars, small business and full time jobs. At the time of the divorce, I decided to leave everything to her and MY CHILDREN since it was going to be a tough transition for her-my ex-(coming from divorce parents and knowing how hard my mom worked for us) I knew then it was the right decision(for me to take). Well, not so much for the law and the Good Intentions and the person whom I had in contact from NY State who nodded when I told him if he thought I was a donkey(just to be polite).
Basically after our divorce, she had my pay check and all that I left and my life with my new family became difficult to sustain.
Knowing the consequences of not paying child support, I left the country and came to Brazil to live and breathe for a bit. I am now ready to come back and will need lots of help. Basically I want to proceed the right way and do not want my new family to suffer. My wife is seeking a job as a Vet in NC, Cary and will be our new address. I am also Intending to find a good job as the last I had. I am also considering having a small business obviously under my new wife’s name, but carefully done with legal advice.
Our plan is to be back in August of this year.

Knowing is a lot to digest, feel free to contact at my email that I used to create this account.

Sincerely, Sergio


#2

You will first need to deal with jurisdictional issues. If your ex wife and kids still live in NY, then NY is proper venue to bring any child support or child custody action. Do you have a specific question about custody or child support?


#3

Thank you for responding, my goal is to not let my new family suffer with child support. I do want to pay, however, I want to find the best situation possible where half of my pay check does not go to her.

As far as custody, she gained it back in NY, prior to them moving to San Francisco where they reside now. I was never given the mail stating the date for me to appear for this matter.(she played dirty, that is fine for now). She sent me an email, not too long ago and thinking she has the right to act on this, asking me if I wanted to give my(our) youngest son in adoption to her and her new husband. ?? Child support and custody are two different legal issues, I know, Does she?
Also, in order for me to skype with my son I have to make an appointment, example: if I am speaking with my other two older daughters he seldomly is allowed.

Again, what I have mentioned before relating custody is for you to have an idea of the situation BUT, for now my goal is to not let my new family suffer with child support. I think the question is how to proceed once my new family and I arrive NC to settle back home-US-?

Thank You.


#4

You can file for a modification of both custody and child support, but you need to figure out what state has jurisdiction. If the order was entered in NY but they have been living in California, it sounds like California may have jurisdiction. To learn more about custody issues and the UCCJEA, read our article discussing which state has jurisdiction in custody cases.