If you are involved in a divorce in New York and are planning to move out of state after the divorce is finalized, there are some things you should know first.
While moving out of state can be a good idea, it does bring with it some unique challenges. Keep reading to learn what to expect when relocating out of New York after a divorce. Don’t hesitate to call Brian D. Perskin & Associates today at (877) 826-7257 for the best divorce representation in New York.
Alimony and Child Support Changes
Alimony can sometimes be affected if you move out of New York after a divorce. If you are getting alimony payments, or paying alimony to your spouse, an out-of-state move can sometimes be considered a “dramatic change in circumstances.” This, in turn, can lead to a change in the amount of alimony paid.
However, this depends on the details of your Marital Settlement Agreement (MSA). If you plan on moving after a divorce, it’s a good idea to include details about the move in your MSA. This can help make the transition much smoother.
Child support payments are also usually upheld when moving between states. Moving while you have custody of a child doesn’t result in the loss of your child support payments. Failure to pay child support if you are in another state will result in prosecution and extradition.
You’ll want to consult with an experienced lawyer to make sure you understand how child support and alimony payments are affected by your move. You can also look at our spousal support FAQ now for answers to common questions.
Child Custody Changes
Child custody agreements may prevent you from moving out of state with a child unless it is deemed to be in the child’s best interest by a family court. However, this can be avoided if both parents come to a joint decision about what is best for their child.
If you can’t come to this decision, a judge will make the decision for you. Usually, a child cannot be removed from their state of residence without the court approving the order. Moving away with a child without proper approval can result in prosecution, orders of contempt, and even steep fines and jail time.
Preemptive Divorce Modification
If you are planning on moving out-of-state after a divorce, the best thing to do is to modify your divorce preemptively to include these plans. This way, you can make the proper decisions for your child, your finances, and your own unique situation. This is one of the many reasons you’ll want to speak to a divorce attorney before making any major changes post-divorce.
Get the Help You Need When Moving Out of State After a Divorce
The process of divorce can be very difficult, time-consuming, and confusing. Remember, you’re not in this process alone. Contact us today to learn why we’re New York’s premier divorce law firm – and get a free consultation from Brian D. Perskin & Associates! We’d be happy to hear from you and create a customized plan of action for relocating out of New York after a divorce.