Wednesday, October 9, 2013

Can a non-custodial parent file for a child support modification when a divorce action is still pending in another state?

Q:  I have a NY child support order from 07/12 and still have a divorce pending in WA state. I was awarded an order of default because of his failure to provide discovery but the divorce decree is still not signed and yet I found out a few days ago he filed for a child support modification in NY already.

A:  David's Answer:  If he filed for divorce in WA, most likely that state wouldn't have jurisdiction over the child support issue. It largely depends on whether he also asked the WA court to assume jurisdiction over the support issue, as he can't have 2 applications pending simultaneously in 2 states. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney.   -- David Bliven, Westchester Child Support attorney (

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