The UCCJEA directs the jurisdiction of custody matters. UIFSA sets the jurisdiction in child support matters. NJSA 2A:4-30.127(b)(2) states that UIFSA does not grant the New Jersey court jurisdiction to render judgment or issue an order relating to child custody or visitation. If UIFSA permits New Jersey jurisdiction under your scenario to establish or modify the child support obligation, then so be it. But, in my opinion, Florida's actions concerning the custody issue is of no moment to the child support jurisdictional issue.
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Mitch Steinhart, Esq.
Bergen County Board of Social Services
Rochelle Park, NJ
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Original Message:
Sent: 09-29-2017 10:58
From: David Perry Davis
Subject: Does jurisdiction over child support modification follow custody?
The court entered an order relinquishing jurisdiction over custody to Florida under forum non convenes - long story, but the kids have been in Florida for 14 months, one became suicidal when told he had to return to New Jersey, a GAL report confirmed the kids should stay there for a custody hearing.
Question: Can a motion to modify child support still be filed in New Jersey? Did the relinquishment of jurisdiction apply to everything or just child custody? Dad has had de facto custody for 14 months but still has a CS obligation and mom has no obligation, dad is struggling financially.
Thanks
<x-sigsep></x-sigsep> David Perry Davis, Esq.
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