NJSBA Family Law Section

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  • 1.  Jurisdiction loss / post-judgment

    Posted 12-14-2016 12:16 PM

    Parties to postjudgment case have both moved from New Jersey - mom to South Carolina and dad to Florida. All kids are over 18. There have been many, many postjudgment proceedings (argued an appeal on Monday - reversal and remand on some issues is almost guaranteed as both parties agreed there were math, calculation, and basic law errors). Does New Jersey lose jurisdiction with neither party here, and, if so, would it move to South Carolina or Florida? Is there a seminal case on this issue?

    Thanks.



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  • 2.  RE: Jurisdiction loss / post-judgment

    Posted 12-15-2016 07:07 AM
    It sounds like you are at least talking about child support. Here is a very recently published App Div decision on UIFSA: http://www.judiciary.state.nj.us/opinions/a3054-14.pdf
    Per UIFSA and your facts, jurisdiction should be the state of each child's residence. So, jurisdiction could be in either state or even both states. Given the children's ages, however, depending on the law of said states, child support may terminate for some or all of the children if jurisdiction is transferred. 

    Rajeh A. Saadeh
    The Law Office of Rajeh A. Saadeh, L.L.C.
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    Somerville, N.J. 08876
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  • 3.  RE: Jurisdiction loss / post-judgment

    Posted 12-15-2016 07:26 AM

    Please note that under UIFSA the duration of child support (i.e. emancipation) is always governed by the State that enters the first child support order, and will not change if a subsequent state assumes jurisdiction.  See Marshak v. Weser, 390 N.J. Super. 387 (App. Div. 2007).  This remains the law under our amended statute.  See N.J.S.A. 2A:4-30.171. The purpose of the provision is to avoid forum shopping.

    ------------------------------
    Brian G. Paul, Esq.
    Certified Matrimonial Law Attorney
    Szaferman, Lakind, Blumstein & Blader, P.C.
    101 Grovers Mill Road
    Lawrenceville, New Jersey 08648
    Phone: 609-275-0400
    Direct Fax: 609-779-6065
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  • 4.  RE: Jurisdiction loss / post-judgment

    Posted 12-15-2016 02:28 PM

    Brian is correct that under UIFSA emancipation is governed by the law of the State in which child support was first ordered.  UIFSA provides that if neither party lives in the State in which the child support was entered, then the child support matter can be heard in the State of the non-moving party.  However, under UIFSA 2008 (effective in NJ in 2016), NJ can maintain jurisdiction of child support with the consent of both parties, even though neither lives in NJ. 

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    Mitch Steinhart, Esq.
    Bergen County Board of Social Services
    Rochelle Park, NJ

    Original Message


  • 5.  RE: Jurisdiction loss / post-judgment

    Posted 12-15-2016 08:27 AM

    One of the parties need to ask for the case to be moved pursuant to the UCCJEA.

    I helped a client do this recently; parties were divorced in NJ, mother moved to FL and dad to MI. Kids are with dad in MI. There was paperwork, but it was granted.

    Ed

     

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    Edward J. Zohn, Attorney at Law

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