NJSBA Family Law Section

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  • 1.  Foreign (State) Judgment of Divorce

    Posted 11-18-2016 10:39 AM

    Situation: Parties divorced in another state; mother and child moved to NJ and live here long enough to establish NJ residency; father remained in the state where the parties divorced; mother seeks to not only enforce child support, but enforce AND modify the MSA as to visitation and other child related issues.

     

    Question: What is the procedure to enable NJ jurisdiction for MSA modification as to child-related non-financial terms?    Thank you.

     

    Shelley J. Pedersen, Esq.

    PEDERSEN LAW FIRM, LLC

    241 Forsgate Drive

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  • 2.  RE: Foreign (State) Judgment of Divorce

    Posted 11-18-2016 11:56 AM

    Shelley,

       Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

       NJS 2A:34-53 to -95.

    Best,

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 voice; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




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  • 3.  RE: Foreign (State) Judgment of Divorce

    Posted 11-18-2016 03:06 PM

    As far as the support aspect of your question, the originating state where the parties divorced still retains continuing exclusive jurisdiction pursuant to UIFSA.  There are two different statutes.  One that deals with support related issues and one that deals with custody related issues (UCCJEA). 

     

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  • 4.  RE: Foreign (State) Judgment of Divorce

    Posted 11-18-2016 01:06 PM

    One of the biggest changes from the UCCJA to the UCCJEA is that a new state cannot assume jurisdiction - the originating state must relinquish it.

    Under the UCCJEA, if one party remains in the State issuing the order (here, the dad) that state retains continuing exclusive jurisdiction to modify unless it relinquishes jurisdiction (usually on a forum non conveniens basis). So, unless the first state is Massachusetts (the only state not to enact the UCCJEA), either dad consents or a motion needs to be filed in that state asking it to do so, otherwise New Jersey cannot modify it.


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