Filing for Child Support if My Spouse Lives in A Different State
If your spouse resides in another state, you may not be able to file for Child Support in New York State. That will depends upon whether or not your spouse resided in New York State, prior to moving away. It may also depend upon if your spouse abandoned you and the children in New York State. There are a number of statutory provisions that have to be considered.
If we can file for Child Support in New York State, it is our preference to file here because we will be filing in a local court, we will not be traveling, and you won’t be providing testimony via telephone. If we do not have the jurisdiction over your spouse required to file in New York State, you are going to have to file for Child Support through an inter-state proceeding. This will depend on the particular circumstances of your case. These facts needs to be thoroughly examined by you and your Attorney, together, to determine the best way to file for Child Support.