The courts in New York have become more receptive to the idea of the custodial parent moving out of state. Each case is reviewed individually by the court on its merits, with the prime consideration being the well being and benefit to be children. Generally, the courts are reluctant to allow one parent to take the children away and thus interfere with the ability of the remaining parent to visit and develop a strong relationship with the children. You can not simply take the children and run to a different state without first getting court approval.
Concerning your earnings that are greater than your spouse’s, it will all depend on how much of a gap between the two incomes there is, and your spouse’s ability to live on the income he makes by himself, and the economic level you both were accustomed to living at when you were married.
Once you file for the Separation Agreement, all the earnings of each party will belong to him/her individually from the date agreed upon, if you so provide in the Separation Agreement.
If you wish to discuss this matter at greater length and are interested in considering mediating these outstanding issues, please call me at 212-370- 1660.
Leonard M. Weiner, Esq./Divorce Solutions