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    I had bad legal advice 5 yrs ago and moved away from NY for my career and my ex-husband filed for custody of my daughter in the process. I've paid child support since then and also have seen my daughter every other weekend (although I live in SC) because I have flying benefits. Well....My present husband and I are now expecting and I will not be able to travel with my newborn every other weekend to see my daughter in NY, so we decided to move back to NY. This would mean for me to leave my job (career) and be a housewife/mother in NY. We would take a pay cut to do this...but our family would be together and this is great for all of us. I called my Custody representetive in NY today and explained my case to him. He said that although he was not a judge and could not predict what they would say....that he thought I would still have to pay what I was presently paying...even if I am moving to be closer to my daughter and will be out of work for awhile as the career that I am in isn't in the area where my daughter lives (this is why I had to leave 5 yrs ago), nor are there very many jobs in that area at all. He said that this is due to me quitting my job "voluntarily". I do not think that his advice was true....but would love some info on this topic please, please, please as I am about to move in July. Do I petition the courts now, or do I wait to move? Would petitioning with a lawyer add to my defense?
    Thank you!
    Last edited by yvdriver; 04-27-2006, 05:22 PM. Reason: Title Change

  • #2
    I suggest consulting with a local attorney because remarrying and having a baby is not a voluntary leave. However, the court could theoretically order you to pay support based on a reduced amount. You might want to consider pursuing custody of the child living with her father, meaning becoming the primary custodial parent. You may want to tell the father that you will not ask him for any support and would get that in writing for an incentive. However, he may be used to getting the money and that may be your biggest problem. Consult an attorney local to the dispute.