Under UIFSA, if neither party lives in the state that entered the child support order, then the application would be made in the state of the non-moving party. NJ emancipation law would apply. In a practical sense, some courts may not catch the issue and you may be able to sneak it though the NJ court. Or, perhaps you can do a NJ consent order, which is less likely to draw any scrutiny.
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Mitch Steinhart, Esq.
Bergen County Board of Social Services
Rochelle Park, NJ
Original Message:
Sent: 02-09-2016 11:28
From: Elizabeth Molt
Subject: Emancipation motion when both parents have moved out of NJ
I am a bit confused as to whether NJ would have concurrent jurisdiction over a motion to emancipate a child when the only support order was issued in NJ and both parents have moved to different states: Dad in AL and Mom and child in California. I know he could file in California if the mom registers the NJ order there, but could he also file in NJ if he wanted to? (NJ is closer to AL for him than California). Any help would be appreciated.
JANE MOLT
ATTORNEY AT LAW
2119 Route 9 North
Cape May Court House, NJ 08210
Phone: (609) 486-5348
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