Larry: A couple of variables that need to be addressed. If the Massachusetts JOD provided for child support and the father still resides in MA, then under UIFSA NJ can only address a modification if all parties file written consents in MA for NJ to assume jurisdiction. If the MA JOD provided for child support and no one lives in MA, then the modification must be heard in the state of the non-moving party. So, if dad lives in Pennsylvania and mom and kids in NJ, then under UIFSA mom must seek relief in PA. Regardless of where it is heard, if the MA JOD addressed child support, then MA's emancipation law applies. See Page v. Till.
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Mitch Steinhart, Esq.
Bergen County Board of Social Services
Rochelle Park, NJ
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Original Message:
Sent: 08-20-2015 15:25
From: Larry Raiken
Subject: Foreign Judgment of Divorce
I have a client who was divorced in Massachusetts. His wife and children have lived in New Jersey for about 10 years, I need to confer jurisdiction on New Jersey so I can file a motion regarding child support and college expenses. Can someone direct me to the applicable forms or statutes.
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Larry Raiken Esq.
Montville NJ
(973) 808-2003
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